The Certification Rules Of Electronic Data In Civil Action

The trend of globalization and development of information technology in 21 st century has promoted e-commerce among nations. Computer and internet are indispensable parts that has changed people’s lifestyle and brought convenience to life. Especially, electronic evidence, which is widely used in lawsuits nowadays has made great impact on Chinese legislations and rules. These evidence even becomes the key point in making final judgment of the case. Electronic evidence is referred to email, e-signature, mobile QQ, chat files stored in wechat, audio record, video and any other information stored by electronic device. The concept of electronic evidence has not been identified, though its independent effect has been recognized in laws. In practice, an integrated electronic evidence system has not been formed, so there is still insufficient attention paid to this kind of evidence. The research on electronic evidence, especially in the aspect of making definition, identifying the proof ability, can help get rid of the cognitive fault of electronic evidence in real cases and further develop the related theory. This thesis will analyze the current electronic evidence theory and practical cases in China, review the scholar research reports and make possible envisage of future regulation of electronic evidence.This thesis is divided into four parts:Chapter one: Basic theory of electronic data. Firstly, the definition data based on the academic scholars, combined with the author’s own understanding to make my own definition of electronic data. Secondly, the high technology of electronic data,easy to destroy, invisible and so on are analyzed. Then, the types of electronic data are analyzed from different angles. This paper expounds the significance of the determination of electronic data in our country as an independent evidence type. Thirdly, a detailed interpretation of the law interpretation of the regulations to refine the electronic data range. This part is the theoretical basis of the other parts of the study,to carry out follow-up study for the foundation.Chapter two: This part is based on the legislative situation of electronic evidence, criticizing issues of electronic evidence used in legislative and judicial trial, for instance, diversification of legislative level, non-unity system, no standard criteria etc. Secondly, briefly analyzing the current legislative situation related to electronic evidence in both common law and civil law system.Chapter three: This part focus on electronic data in the countries of Anglo American law system and continental law system of electronic data rules to determine how to set up, based on China’s electronic data identification rules provide reference for the construction of experience.Chapter four: This part focuses on the construction of the ability of electronic data evidence and the construction of the rules of proof force. Firstly, the definition of the electronic data evidence ability and the definition of the force is briefly discussed. Several factors that affect the ability of electronic data evidence and the ability of proof are analyzed. And then draw lessons from foreign experience in the research of electronic data certification rules. Lastly, put forwards some suggestions on the construction of the ability of the electronic data.