Research On The Rules Of Electronic Data Authentication In Civil Procedure

Nowadays,with the rapid development of digital information technology,the continuous innovation of Internet technology,the continuous emergence of information communication,electronic commerce and telecommuting,the influence of digital information technology is becoming more and more profound in all aspects of society,and plays an important role in our life and work.At the same time,more and more lawsuits involve electronic data generated by electronic devices such as computers,electronic communications and recording devices.Different from the characteristics of the traditional evidence type,the identification and adoption of electronic data has produced many problems,which also has an impact on the existing evidence system in China.In order to adapt to the development of society and help to solve the problems arising in the process of trial,the "Civil Procedure Law",adopted in 2012,defines "electronic data" as one of the independent legal evidence types.In 2015,the interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the people's Republic of China(hereinafter referred to as "the judicial interpretation of the civil procedure law")has made clear the specific categories of electronic data and the difference between them and audio-visual data through the 116 th provisions,but it does not elaborate on the electronic data collection,certification rules and so on.The rule of electronic data authentication is to discuss the rules of electronic data evidence ability and the rule of proof.It is helpful to clarify the problems and causes of electronic data in civil litigation in practice and promote the development of the rules of electronic data evidence authentication.Through the investigation of our country's legislation and judicial practice,this paper sums up the problems and causes in the process of electronic data authentication in the process of civil litigation in our country,and absorbs the rules of evidence ability and certification of the national electronic data from foreign countries for reference,and puts forward the proposals of the rules of the certification of electronic data evidence in China.This article is divided into four parts:The first part: the summary of the basic theory of electronic data in civil litigation.First of all,the definition of electronic data in civil action is given in combination with the legal provisions and the academic view of electronic data and the author's own understanding.Secondly,it analyzes the characteristics of the electronic data of civil litigation,such as the characteristics of the electronic data,such as the technical nature,the vulnerability,the easy recovery,the invisibility and the dependence,and then analyzes the types of the electronic data.At the same time,the concept of electronic data authentication rules in civil litigation is studied,and its main contents are covered by its evidence ability rules and rules of proof.The second part: First of all,through the analysis of the status quo and problems of the adoption of electronic data and electronic evidence in the civil procedure adjudication documents published in recent years.Judging from the “China Judicial Document Network” that has published online judgments and judicial cases,the current status in practice highlights issues such as the inconsistency of electronic data notarization,the application of reinforcing evidence rules,and the improper distribution of burden of proof.Secondly,it discusses the current status of China's legislation on electronic data and combines the reasons for the problems that arise in the practice of electronic data extraction.It sums up the reasons for electronic data carriers,the complexity of electronic data forensics,and the high degree of reliance on court forensic authentication.It is difficult to identify factors such as difficulties in identification and actual operator status.The third part: First of all,it discusses the legislative status of electronic data in China,and then summarizes and analyzes the practice and reasons of electronic data and electronic evidence in the civil litigation referee documents published in recent years.From the verdicts and judicial cases that have been published on the Internet of the Chinese referee's web,the present situation in practice shows that the court has placed more on the admissibility and proof of electronic data on its notarization.The sixty-seventh article of the civil procedure law [the sixty-seventh article of the civil procedure law stipulates that the people's court shall be the basis for the identification of the facts,as well as the legal acts,the legal facts and the documents that have been proved by the notarization of the legal procedure.But there are exceptions to the contrary evidence.The regulations make the parties identify the notarization of electronic data more frequently,resulting in the documentary evidence of electronic data and aggravate the burden of proof.On the other hand,it is different from the perfect electronic evidence rule system in Anglo American law system,which has a definite influence on the effective application of electronic data in the lawsuit.The fourth part: This part mainly aims at the current situation in judicial practice,and draws lessons from the relevant regulations outside the country,and puts forward the proposal to construct the rules of electronic data authentication in civil action.By improving electronic data related legislation to provide legal norms and safeguards for electronic data authentication,at the same time,the distribution of proof responsibility between the parties is clearly defined,and the evidence of the parties is put forward to avoid the fact that its authenticity is questioned because of its cleanliness,to unify the standard of notarization and to establish the validity of the notarization.The electronic data exclusionary rule ensures the legality of electronic data to build the certification rules for electronic data.Through the best electronic data rules to identify the effectiveness of photocopies,establish the rule of electronic data reinforcement rules to build the certification authority rules of electronic data.