Study On The Electric Evidence In Civil Litigation

China formally promulgated the "interpretation of the Supreme People's Court on the application of the" PRC Civil Procedure Law "on February 4,2015(hereinafter referred to as the “civil procedure law interpretation").The legal evidence of the electronic evidence as a kind of civil evidence is clearly defined and standardized.However,in the process of legislation and judicial practice there are still some problems to be solved on the theory and operation of electronic data evidence.The author combines working experience,demonstrating the effectiveness of electronic evidence in a new framework.Under the influence of the times characteristics of electronic data evidence.At present,in our country there are loopholes in the legislation of electronic data evidence and also the crux in our trial practice.The author started from the qualification of evidence and probative force aspects through the analysis of the practical cases to find out the obstacles existing in the process of determining the effectiveness of electronic evidence.Throughout the full text and combining with argument,the author targeted to put forward some perfect suggestions for the legislative and judicial areas.On the level of legislation,the legislative model is set up on the macro level,and establish the specific procedure for the refinement of electronic data on the micro level.On the judicial level,focus on the process of cluster construction,according to the context of the litigation proceedings.Before the trial begins,standardize the collection and preservation of electronic data.On the other hand,in the course of the trial,put forward the expert system,the system of elimination of defective evidence,the system of proof of evidence and other systems.