The Adoption Of The Electronic Date In Civil Procedure

The adoption of the electronic data is that the judge values the credibility and probative force of the evidence during the proof and cross-examination of the litigation about the collected electronic data, so as to confirm whether the evidence can be adopted in the case. The adoption of the electronic data should be analyzed in two aspects: the first is the factors affecting the adoption of the electronic data,namely the legitimacy, accuracy and expertise in collection, proof and cross-examination of the progress; the second, meeting credibility and probative force is the foundation of the adoption of the electronic data. There is few about the legislation on the adoption of the electronic data expect that the independent status defined in the current“Civil Procedure Law of China”and the forms of the electronic data listed in the “ Interpretations of the Supreme People’s Court on the Civil Procedure Law”.Because of the unique features between the electronic data and the traditional evidence, we should form the adoption norms according to the traits rather than follow the old standard. This paper’s object of study is the adoption of the electronic date, points out the characteristics and forms of the electronic date, and the elements must be considered during the adoption, After analysis of the legislation and judicial current situation, there are still many problems to solved in the adoption of electronic data in our country, such as: the collecting of the evidence is too casually without clear guidance; the proofing of the evidence is confusion because it is difficult to distinguish between the original evidence and the derived evidence; the technical difficulties in the cross-examination is not solved. The means and standard to judge the authenticity is not unified; the judging of the integrity is lack of attention;there has nothing rules in illegal electronic date exclusion and the strength of probative force, and so on.In order to meet the needs of judicial development and ban the discretion of the judge, we should method the way and uniform the standard to adoption the electronic data. So, we should fully learn and analysis from the advanced country andsometimes should combination with our legislation and judicial current situation to establish our unique rules of the adoption of the electronic data. so, we should set the duty of the internet service providers to collection; forming the detailed procedure of the collection; developing the preservation of the network; expanding the scope of the original evidence; regulating the use of the expert assistants during the cross-examination; we should consummate the rules of the illegal electronic date exclusion and instruct the means and standard to judge the authenticity to judge the credibility; we should infer the integrity from the side and establish the rules to judge the strength of the probative force.