The Authenticity Of Electronic Data In Civil Litigation

With the development of information technology, electronic data evidence treads the stage of the civil lawsuit more and more frequently.Identification of the authenticity of electronic data is the biggest obstruction of its applications.How to identify the authenticity of electronic data better and make it play its due role as evidence in civil lawsuit is an unavoidable problem.Compared with traditional evidence, electronic data evidence not only has the characteristics of objectivity, legality, relevance,but also has many other features such as high-technology,internal invisibility,external diversity.Compared with traditional evidence, electronic data evidence has its advantages.Meanwhile,it also has some defects. Therefore, there will be problems in the process of evidence collection,extraction,preservation and identification inevitably.Common law countries have established unique rules of validation about electronic data on the basis of statute law and prejudication while the legislation of electronic data evidence in our countries grows slowly.And there are many problems in the judicial practice.Given this,in order to build up the independent certification system of authenticity of electronic data in civil procedure and improve regulations,we should draw lessons from foreign related legislation and practical experience,based on Chinese situation.It's this article's fundation that solving the problems we face in the present judicial practice,improving the lawsuit efficiency, identifying the case and making judgments rightly by probing both academic and pratical issues about the identification of electronic data's authenticity and making the following recommendations contribute to the process of examination of electronic data: improving the legal norms,establishing a recognition system,developing and applying technological means,building up the system of third party security.