Discussion On The Rule Of The Certification Of Electronic Data

Electronic data is based on electronic technology and information technology development to a certain social stage, it can be said that there would be no electronic data without electronic information technology. In the course of judicial proof, people from "god" era of water judge, fire judge, "witness" era of subjective to the era of objective "evidence", will arrive in a new era of judicial proof which is the era of electronic data. It is true that the forecast does not think electronic data will be only in the judicial proof lawsuit evidence, but the electronic data using a new form enters into the sight of lawmakers, it uses its own way and logical thinking gradually to enter the judicial proof, and even lead to a significant change of judicial proof.Now, in this era, the informationization of electronic technology and computer network brings us convenience and at the same time, it also produces many e-commerce, e-government, and computer crime and other disputes, thus spring out of a variety of electronic data, which has caused a certain impact on the existing laws and judicial practice, so academic circles and judicial practice have in-depth discussion and research. Depending on electronic technology and computer network, the electronic data is different from traditional evidence, their perception in existence, preservation, and dissemination way has its own characteristics. Academia has the in-depth analysis on the connotation and characteristics of electronic data and certification rules, at the same time three major procedural law and judicial interpretation in our country have clearly established the independent evidence status of the electronic data and the definition, but there is no special evidence law in our country, let alone a special method of electronic data, there is only small amount involving in electronic data provision which are scattered in various regulatory documents. Therefore, in order to timely and effectively solve the new cases involving in the electronic data in the existing judicial practice, the rules of electronic data evidence ability and the certification and such problems should be as the legislative priority.As a new form of evidence, the electronic data is defined that the data is generated or stored in electronic medium material, such as mobile phone messages, online chat records, E-mail. Procedure Law admit the electronic data as evidence qualification, but do not rule the practical application of electronic data, particularly with regard to electronic data evidence ability and strength of authentication problem, which is a serious impediment to the judicial practice in the application of the electronic data.In this paper, there have four chapters, which discuss the basic rules of certification of electronic data. They, starting from the authenticity of electronic data,demonstrate that whether the evidence ability and the size of the degree of the electronic data is true, mainly aim at the introduction and analysis of the legislation rules of existing electronic data in China, and point out the deficiencies and defects. At the same time, this paper, the comparative analysis with electronic data evidence rules of Anglo-American law system countries, puts forward some ideas and suggestions about rules of certification of electronic data in the course of the trial practice and legislationThe First Chapter: it researches and analyses authentication rules of the electronic data in defining the relevant concepts analysis, mainly on the concept and characteristics of electronic data, electronic data authentication, content, and the concept of the electronic data about the legal status. Chapter Two: there are research on certification rules about the legislative status quo of the electronic data, mainly on the content of the rules of certification of electronic data and introduces the legislative rules research, and the corresponding evaluation. Third Chapter: there are comparative analysis on oversea rules of certification of electronic data, mainly dividing into the rules of certification of electronic data evidence ability and probative value. Chapter Four: there are suggestions for the perfection of the rules of certification of electronic data, mainly according to in our country existing laws on rules of certification of electronic data and electronic data of connotation, legislative model, system construction aspects.