Study On The Civil Legal Issues Electronic Data

Modern society is an era of Big Data,it is also an information explosion erafilled with a variety of electronic data in our daily lives,from e-commerce to the rapid development in recent years, now often referred to the "Internet +",are evolving electronic technology products.But precisely because of this appeared in various forms in the judicial practice of electronic data evidence.Can foresee that the electronic data representing the proportion of the total number of evidence will be increasingly high, called the new "king of evidence" is not excessive, electronic data attendant will be more and more difficult problems.While in 2012 the new Civil Procedure repair electronic data as a statutory independent evidence, and modify suing explain refined operability of electronic data in 2014, but in practice for electronic data review also identified there are different standards.As technology of electronic data, easily tamper resistance features make certain difficulty in identification process,In practice for the collection and preservation of electronic data, the original problem, the probative force of the size of the issue has been well recognized, so this analysis on these issues one by one:First, in order to better study the legal issues related to electronic data, the first you have to understand the concepts and characteristics of electronic data, consult the author on the basis of the extensive literature on the results of several major characteristics of electronic data and try to summarize draw up their own understanding of the concept of electronic data.Secondly, the author of a case involving the microblogging absenteeism to analyze the collection and preservation of electronic data, through this case leads to the electronic data collection characteristics and caveats. And by the case of electronic data led to ponder the importance of preservation and the preservation of electronic data to solve problems and related countermeasures.Then, the author through electronic data case a SMS to analyze cross-examination of electronic data, electronic data due Unlike traditional evidence features make the difference should be noted that the electronic data in the "three" of the process of cross-examination of evidence in the original and the copy electronic data belonging to the original evidence of problems.Finally, the author relates to e-mail through a court case to analyze the electronic data of the identified problem; then analyze electronic data present during the cross-examination is difficult to determine the actual use of people, dependent on the degree of Forensic higher problems; and in the present case basis Reflections on led to improve our cross-examination of the relevant electronic data pathways.