Research On The Qualification Of Electronic Evidence In Civil Litigation

With the development of the society and the progress of science andtechnology,text messages,WeChat,E-mail has gradually become important medium of communication in People's Daily life and results related legal disputes are also increasing.Civil Procedural law revised in 2012 and it is the frist time in our country that the legislation explicitly to establish the electronic data to be an independent civil litigation evidence.But the current civil litigation evidence theory research and related judicial interpretation is not for the qualification of electronic data evidence concrete rules that provide theoretical guidance and operation system.The judicial practice of electronic data that is not unified.As a result,this article adopts "the empirical data to ask questions,to perfect the theory to guide practice" mode,on the basis of summarizing the problems in the judicial practice put forward that electronic data evidence qualification of new ideas.Including the introduction and conclusion,this paper will be divided into three parts.Introduction analysises the necessity of research on the selected topic,introduces the research status at home and abroad and the existing problems,and the difficulties and innovations,as well as the focus of the article and research methods.The first part: through the method of empritical analysis to China online written judgment of the supreme people's court since the apply The civil procedure law of the People's Republic of China.the interpretation effect after two years of that act involved in electronic data evidence qualification of 175 biopsy and segmentation,and judgments on the objectivity,relevance and legitimacy and whether eventually adopted were analyzed.And found that the main three problems: first,some evidence that appeared in the process of case character confusion;second,the judgements are different;third,the progress is in a wrong order.The second part: the electronic data evidence qualification of legislation,by collating relevant laws and regulations in our country,analysisthe practice ofdeveloped countries outside to perfecting our country's electronic data evidence qualification.As a consequence,we can reach three implications: first,draw lessons from Anglo-American law system countries separation fact judge and the law judge,in the heart of the electronic data evidence qualification process technical problems on the legal issues,and to distinguish;Second,the electronic data on the cognizance of legal issues can draw lessons from the continental law system's functions and powers doctrine lawsuit mode,moderating plays an leading role of the judge in the lawsuit,but it must suit our country's judicial status.Third,restricting discretion of the judge.Problems found in the third part: based on the empirical analysis,outside the legislative and judicial practice in our country,this paper puts forward how to perfect electronic data evidence qualification in new ideas: first,the principle to build the electronic data of two class system of rules,namely,first of all,according to different storage carrier will divided into two major categories of electronic data and traditional data of evidence,and then from the differences of two kinds of evidence,evidence of the electronic data qualification system of two classes,namely the logical order on the priority of evidence qualification of electronic data carrier,andto qualify electronic data content of the evidence.Second,by publishing related instructional case reasoning,strengthening the written judgment,as well as the public proof process limits the judge in the in the process of electronic data evidence qualification.