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Research On Judgment Rule Of Electronic Data Proof Force In Big Data Age

Posted on:2019-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:W B LiFull Text:PDF
GTID:2416330545465870Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since the “Civil Procedure Law” that took effect in 2013 formally confirmed electronic data as a type of evidence,almost every litigation trials used the Electronic data.Although a large number of electronic data are used,there are no detailed provisions on the collection,access,notarization,and probative power of electronic data at the legislative level.At the same time,because of the massive data era,electronic data is vast,volatile,and volatile.The characteristics of degeneration and diversity are due to the difficulties in judging the original electronic data when electronic data is used,the defects in the electronic data notarization system and the ineffectiveness of evidence verification,and the inefficient use of electronic data verification rules,resulting in the electronic data being processed in court.In many cases,judges did not dare to easily apply electronic data for the identification of evidence.Even if electronic data were used,the imperfect judgment rules also led to low litigation efficiency and even to the fairness of the trial.The suggestions in this paper are mainly from the improvement of the electronic data proof force judgment rules and the construction of the relevance system in the electronic data proof force judgment rules.Among them,the improvement of judgment rules includes four points of view.The first is the improvement of the basic rules of the electronic data proficiency judgment rules,the second is the use of big data for electronic data protection,and the third is the use of big data for electronic data proficiency judgment rules.The perfection.The correlation construction in the electronic data proficiency testing rules mentioned the adoption of unified data adoption rules,the establishment of electronic data traceability mechanisms and the establishment of electronic data certification standards.
Keywords/Search Tags:big data, electronic data, probative force of judgment rule
PDF Full Text Request
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