Research On The Application Issues Of Electronic Data In Civil Litigation

Because of the rapid development of electronic information technology and the Growth of e-commerce industry, the electronic data not only plays an important role in people’s daily life, but also brings something new for the litigation evidence. The emergence of electronic data, raised a heated electronic-data-discussion in the filed of evidence theory and the practice in our country. In 2012,the civil procedure law amendment brought the electronic data into the evidence system, and made it independent. On February 4,2015, the supreme people’s court about apply "the interpretation of the civil procedure law of the People’s Republic of China> take effect, makes sure the independent position of electronic data and lists several kind of situation of the provisions of this type. This law promotes the development of the electronic data on the legislation.The ultimate goal of legislation is to provide better services for practice. But the laws and regulations for the electronic data in our country is lack of uniform standards and regulations at present, which causing the electronic data difficult to play in the process of evidence of efficacy in the judicial practice. Thus affect the quality of case trial and the litigation justice. Traditional way of evidence is unable to meet the requirements of the application of the electronic data, and the collection of electronic data, the preservation of electronic data and the exchange of electronic data, the identification of electronic data also lack of system and relatively fragmented, which is difficult to meet the needs of practice. So, solving the applicability of the electronic data in practice is urgently needed.In this paper, the author focus on the questions in the collection, the preservation, the identification and the exchange of electronic data, and thus promote the specific countermeasures of the suitability for electronic data.The first part is introduction. It is pointed out that selection of theoretical and practical significance as well as the related research status at home and abroad.The second part mainly elaborates the problems and countermeasures of electronic data in the collection of evidence. First this paragraph analyzes the applicable problems in the collection of electronic data. Then, determine the scope of the main body of the collection of electronic data. Thus complete the procedure of collection of electronic data. In addition, in view of the collection of electronic data lack professional and privacy conflict, giving the corresponding countermeasures.The third part mainly elaborates the problems and countermeasures of the preservation of electronic data. From analyzing the problems of the preservation of electronic data, the author pointed out the problems in the preservation of the electronic data on the probative value and ways to preservation. Thus on the basis of analyzing the problems We put forward the applicability of countermeasures in preservation of electronic data.The fourth part mainly elaborated the problems of electronic data in the process of exchange and giving countermeasures. This paragraph mainly describe the scope of the exchange of electronic data and elaborates the problems and countermeasures in aspects of professionalism. Thus perfect the exchange of electronic data applicable in legal practice.The fifth part mainly elaborates the problems and countermeasures of the identification of electronic data. In view of the different adoption standard in the identification of electronic data and the trouble on probative value, the author puts forward specific countermeasures to solve, thus promotes the electronic data in the trial practice of application.