A Study On The Application Of Social Software Chat Record Evidence In Civil Action

In the era of changing the science and technology and digital information,the popularity and development of applications such as computers and mobile phones,the use of social software has become more and more frequent,and the dialogue between social chat software and real civil legal relationship has begun to connect The Social software to keep the chat records have also been used in civil cases as evidence of a large number of use and have a certain proof of power.The status of electronic data on social software chatting in the course of civil litigation will naturally become important,and social software chatting as evidence injudicial practice has become more frequent.In the Civil Procedure Act,electronic data has been added as a new type of evidence,and it contains online chat records.It can be seen that the legislators have begun to pay attention to social software chat records and pay attention to it,and traditional evidence is different,it is presented in a very special way,is the current civil action in a new evidence model.However,the practice and the academic community of social software chat records are still in a stage of exploration.The existing law on the electronic data in the social software chat records of the provisions of the rules are not perfect,how to identify its new form,collection,presentation and so is the urgent need to solve the problem.Because of its particularity,the academic community has not yet formed a consensus on its many applicable rules.And our country has no specific evidence law,until the introduction of the 2016 on the "Supreme People's Court Supreme People's Procuratorate Ministry of Public Security on the handling of criminal cases to collect and review the provisions of a number of issues to determine the electronic data," but no social software chat records do More specific provisions.Therefore,the meaning of social software chat records,forensic,evidence,proof and how to correctly use the status quo,will be the legislature needs to solve the problem.This paper analyzes the shortcomings of the legal application in the civil litigation in China by referring to the research results of foreign countries and the legal reality of our country,and puts forward relevant suggestions.The paper is divided into six chapters,which discusses the basic problems such as the application of social software chatting evidence in civil litigation.The first chapter is the introduction.This paper mainly analyzes the development of electronic data in civil litigation from the aspects of topic background,topic selection and domestic and foreign research,and clarifies the research contents,methods and possible innovations and shortcomings of this paper At the office.The second chapter is about the concept of social software chat record evidence and its own existence of the particularity of the argument.Mainly on the social software chat record evidence of the concept,characteristics and social software chat recording evidence is different from the traditional evidence of the particularity and social software chat evidence is different from the specificity of electronic data evidence to elaborate on these aspects Pave the way.Chapter 3:Analysis of the Current Situation of Social Software Chat Record in Civil Litigation.Mainly from three aspects:social software chat record evidence collection status,social software chat record evidence preservation status,social software chat record evidence proof process status analysis,social software chat record evidence legislation status quo.The analysis of the status quo of social software chatting evidence shows that the process status analysis is divided into three aspects:the status quo of social software chatting evidence,the status quo of social software chat record evidence and the status quo of social software chat record evidence authentication.The fourth chapter is the main part of this article,mainly for the analysis of the status quo in Chapter 3,find the problem and analyze the reasons.The same order from the social software chat record evidence collection and preservation,proof process and legislation three levels of analysis.The collection is divided into two issues:First,the collection of the main force is weak,and the case is related to the privacy of the contradictions of the case;security is divided into two questions:First,the preservation of social software chat records easily distorted,the second is the preservation of social The legal effect of the software chat record has been questioned;to prove the process of proof of the problem is divided into:First,not strictly in accordance with the provisions of the burden of proof,the second,the irrational distribution of the burden of proof.Proof of the process of cross-examination of the problem;to prove the process of certification issues:First,the legal system is not perfect and lack of technical support for certification;Second,the social software chat record evidence of the authenticity of the standard difficult to confirm.The fifth chapter is to improve the social software chat record evidence in the application of civil litigation related recommendations.One is to establish and improve the social software chat record evidence-related collection mechanism,the second is to establish and improve the social software chat record evidence of the preservation mechanism,the third is to reduce the social software chat record evidence to prove the process of obstacles,four is to improve the social software chat record evidence Related legislative recommendations.Mainly for the fourth chapter of the problem to make recommendations.Chapter 6,and finally draw their own conclusions,summed up the summary of this article.