On Electronic Data In The Civil Procedure Law Of China

With the emergence of electronic information technology and the advent of the Internet Era,computers and the Internet have into every corner of the human life affects all aspects of the society.But also in the civil procedure law and evidence law within the territory of the new research questions.Electronic data evidence belongs to the legal science and computer data,the study of the two disciplines interweave,electronic data evidence to its own characteristics completely different from other kinds of evidence.In 2012 China formally to "electronic data" as a new type of evidence type is added to the civil procedure law.This is the first time that the position of electronic data has been clearly defined in the legislation.As a new type of evidence,the definition of the electronic data is not the same point of view.But in the judicial practice of case can be seen to be finalized electronic data evidence as the judge processing basis.Even in the theoretical circle,there are many experts compares the electronic data evidence,but because of the electronic data evidence and other evidence exists different degree of difference,the theory and practice of electronic data collection of no unified standard.And China's current to also not specifically for the electronic data evidence collected by the law.Is in the legislative provisions do not meet the needs of the present judicial practice,for electronic data evidence collection problems need to be comprehensive legislation.Based on the study,draw lessons from foreign advanced legislation,the judicial theory,on the basis of the our country civil legislation and the judicial status of electronic data collection analysis,try to electronic data evidence collection and traditional evidence collection has different characteristic,try to solve the problems in the electronic data collection to the proposed solution.