The Collection And Preservation Of Electronic Evidencein In Civil Lawsuit

Along with the network and computer deep into every aspect of our lives, our dependence on the Internet is becoming more and more big, the contract in our life, signature, and exchange information, and so on are changed into electronic data, and because of factors such as litigation, the electronic data becomes the electronic evidence, from the electronic evidence dispute more and more, the judge to case of electrony of justice, at the same time, also can make the parties of the judicial credibility. Since 1996, when China’s first E-mail case opened the prelude of trial on electronic evidence, since cases involving electronic evidence emerge in endlessly, the legislature and legal workers also began to face the problem of electronic evidence, but has certain technical means due to electronic evidence itself, cause a lot of cases about electronic evidence to cases of audio-visual material evidence, many cases of electronic evidence could not receive authority, has the technology level of verification, the trial of electronic evidence is not convinced. So need to electronic evidence collection and preservation of the legislation system perfect, to cope with reality middle out many new problems.Take effect on January 1,2013 implementation of the new "criminal procedural law" and on February 4,2015, the implementation of the judicial interpretation of the civil procedure law, although is a kind of electronic evidence as evidence, but the don’t have a relatively complete legal system of electronic evidence collection and preservation to guide and standardize the laws and regulations. The situation apparently can’t meet today has been a growing number of disputes and network crimes related to obtain electronic evidence to prove that to the fact that are urgently needed. Legislative lag, is bound to be involved in the judicial practice of electronic evidence collection and preservation activities related to the smooth and orderly, a direct result of electronic evidence in judicial practice of evidence cannot get the workability and strength. All this, all of the evidence collection, preservation, and to the fact that find out the huge resistance and obstacles. To this, the relevant state departments, local government functional departments in our country in some cases also issued a series of related laws. But these laws and regulations in our country is not perfect, unable to guide the judicial authority to guide and trial, brings to the job and controversy. Therefore, only through the legal system of electronic evidence collection and preservation of in-depth study, build a relatively complete, practical legal system, to provide reliable and effective collection and preservation of electronic evidence of legal support, provide institutional guarantee for electronic evidence correctly. This thesis mainly research collection and preservation of electronic evidence concept, characteristics, classification, function, and the legislative status quo at home and abroad, as well as the collection and preservation of electronic evidence in judicial practice, the problems of the last electronic evidence collection and preservation in China are put forward Suggestions in terms of legislation and judicial practice.