Research On Civil Electronic Data Collection And The Security System

With the rapid development of electronic information technology and the wideapplication of computer network, international e-commerce trade are increasing frequent,more and more electronic data in today’s lawsuit activity, is becoming a new form of litigationevidence. It is so, only on the study of electronic data related problems gradually to theattention of the theoretical circle and judicial circle in our country. In2012,"the civilprocedure law" the63th new electronic data as a kind of independent type of evidence, hasbeen clear about the electronic data in the form of legal position of the independent evidencein civil proceedings. However, due to the electronic data in the minds of the public has not yetformed a unified concept, electronic data collection and preservation of evidence collectionprocedures of related issues, the lack of a system of laws and regulations, as well as to theapplication of the electronic data is still in the judicial practice has brought many problems. Inview of the characteristics of the electronic data is different from other traditional evidence,the evidence collection and preservation of traditional methods cannot meet the needs ofpractice, which makes the study of the electronic data collection and preservation and thetrend of legislation has become urgent. In this paper, in reference to the domestic and foreignscholars on the study of electronic data, on the basis of trying to according to thecharacteristics of electronic data, how should the collection and preservation made in thispaper, the related problem.In addition to the introduction, in this paper, three parts of civil electronic data collectionand preservation of the system were studied.The first part, mainly discusses the basic theory of civil electronic data problems, as thelater on the issue about civil electronic data collection and preservation. First of all countrieson the concept of civil electronic data are analyzed and reviewed in this paper, based on thecurrent research status in China has made a define to the concept of civil electronic data. Thenanalyses the characteristics of different from traditional electronic data evidence, namely the electronic data with high technological, existence of invisibility, forms the compound and thevulnerable to destructive characteristics.The second part, mainly discusses our country civil electronic data collection andpreservation of the status and existing problems. In this paper, with the two parts of collection,preservation, respectively. In terms of civil electronic data collection, first has analyzed ourcountry civil legislation status of electronic data collection, and then expounds the civilelectronic data collection at the problems existing in the legislation and practice. In terms ofthe preservation of civil electronic data, from the current situation of our country civilelectronic data security inspection and realistic dilemma two parts respectively.The third part, on how to improve the system of civil electronic data collection andpreservation are put forward the concrete solution. In terms of the perfection of civilelectronic data collection system, mainly from guiding principles, main body and the scope ofcollecting program set aspects put forward its own Suggestions and comments. In terms of theperfection of civil electronic data security system, mainly from the guiding principle, thenetwork notarization preservation method and the survival of program Settings, and so onthree aspects elaborates respectively, among them in the set of security procedures,respectively from the start of the protection procedures, jurisdiction, review, implementationand so on four aspects were analyzed.