Study On The Preservation Of Electronic Data Evidence

With the electronic information technology entering the people's life,with the electronic information technology into people's lives,electronic data is also increasingly active in civil litigation.the 2012 Civil Procedure Law,our country established the statutory evidence of electronic data.In some trial practice,the electronic data become the judge of the facts of the case,an important basis for the application of the law.The importance of electronic data in the courtroom has also led to an increasing trend in the volume of electronic data protection.The number of applications for electronic data protection and the content of preservation have all increased.However,it is not a long time for our country's electronic data to become statutory evidence,and there are still many problems in the practice of electronic data,especially in electronic data preservation.Electronic data has the characteristics of vulnerability,invisibility and strong technical dependence,and requires that electronic data have higher requirements for security technology.In judicial practice,especially for the authenticity and legality of electronic data,there are many controversies.In view of many imperfections in China's electronic data protection,China should learn from other countries' regulations on electronic data protection under the premise of perfecting electronic data protection and actively improve China's electronic data protection system and play its positive role.In addition to the introduction and conclusion,this article is divided into three parts:The first part is an overview of electronic data protection.First of all,the development trend of electronic data to make statements to prove the importance of electronic data in modern society and its value.Second,by analyzing the characteristics of electronic data and the purpose of evidence preservation,it shows that the system of evidence preservation in our country can not meet the requirements of electronic data preservation.The second part analyzes the dilemma in electronic data protection.The theoretical predicament is mainly theoretical issues arising from how the authenticity of electronic data preservation can be guaranteed.It not only expounds each theory,but also analyzes the pros and cons of each theory on the authenticity of electronic data preservation.Practical difficulties point to the bottlenecks that electronic data has encountered both in law and in law.In legislation,the scope of the electronic data is mainly narrow,and the legislation of the data protection for the big reversal is not perfect.The judicial system mainly can not guarantee the authenticity and legitimacy of the electronic data and the influence on the proof of the electronic data in the trial.In the third part,suggestions are put forward to improve the electronic data protection.Mainly from the legislative level and technical aspects of consideration.In terms of legislation,there is a system of protection for electronic data protection mainly from the perspective of the scope of electronic data,electronic data protection procedures,the protection of the privacy of the parties and the expansion of the main body of electronic data protection.The technical level is mainly to ensure the authenticity of electronic data Sex and innovation of electronic data protection methods to expand,and in this part,interspersed with the law of our country in Taiwan and abroad,as an argument to improve China's electronic data protection system.