Study On The Examination And Judgment Of The Electronic Data In Civil Litigation

Nowadays,in the "Internet +" era of big data,the rapid development of science and technology to improve the quality of people's social life.Whether it is work or life,electronic information technology has been integrated into one and for our basic necessities of life brought unprecedented super experience and convenience.At the same time,when our science and technology collide with the law,the legal disputes are increasingly showing a variety of forms."Electronic data" is generated in the times.However,the legislation of electronic data in our country starts late and the development is extremely slow,which leads to the serious lag of our law.In the face of the new situation,there is a great gap between the judicial practice and the existing legislation of electronic data,which seriously hinders the smooth progress of the judicial activities.Although the development of legislation about the electronic data has been greatly improved in recent years,there is still a lack of support for many specific legal provisions,especially the examination and judgment of electronic data,which has become the urgent concern between the legislators and scholars.In this regard,the author discusses the problem of the electronic data examination and judgment on the basis of researching,analyzing and referencing the research achievements of legislation in the field at home and abroad and combining with the relevant legislative and judicial status in our civil litigation,so as to contribute to the construction of legal system of electronic data.The article is divided into four parts;The first part is the overview of civil electronic data,involves several basic issues of electronic data.Mainly introduces its concept,characteristics and common classification,and on this basis to combine with the relevant regulations of the new"Civil Procedure Law",the position of the electronic data in our laws is determined and the necessity of the existence of the "independent new evidence" is discussed.The second part is the research on the contents of electronic data examination and judgment in civil litigation.Mainly divided into four parts:firstly,this paper simply expounds the legislative authority of the electronic data examination and judgment in our country at present;secondly,it is the problem of evidence ability for electronic data,mainly from its legitimacy in terms of a comprehensive exposition,because the evidence ability is refers to through legal consent and the proof material has the legal basis of the qualification,which is the legitimacy of evidence;thirdly,it is about the probative force of electronic data and the four standards are analyzed from the aspects of authenticity,relevance,reliability and integrity;finally,the significance of the examination and judgment is simply explained,the examination and judgment of it determines whether it can be used as the basis for determining the facts of the case,but also affects the judge's trial of the results of the whole case.The third part is the research on the problems of the examination and judgment of electronic data in judicial practice.Mainly divided into two aspects:firstly,with a case to illustrate the problems of electronic data in the civil judicial practice;secondly,it summarizes the problems existing in the examination and judgment in civil judicial activities.In this paper,the author focuses on the macro.The fourth part is about improving the rules of electronic data examination and judgment and it is the content of this article described in the end to be solved.This part is closely connected with the third part.In view of the problems existing in the current electronic data on law and some problems in judicial practice,the author puts forward two ideas.Firstly,in the legislation,to improve the laws and regulations and judiciai interpretation of the current electronic data and examination and judgment rules in our country.Secondly,in the judicial practice,the author puts forward to perfect assumption about the electronic data examination and judgment standard and proposes the establishment of an independent identification system for the electronic data examination and judgment.