The Certification Rules Of Electronic Data In Civil

In the 21st century of economic globalization today,with the rapid development of electronic information technology and the ever-increasing frequency of international electronic commerce,electronic network information technology has changed our way of life,providing a lot of convenience for the masses,and network electronics is already ours.Part of working life.However,high-speed information is a double-edged sword.While enjoying the convenience of information technology,electronic data attached to computers and related equipment also bring unprecedented impact on the laws and regulations of China.With continuous innovation and progress in electronic information technology,network information technology is closely related to our lives.More and more lawsuits involve electronic data.In some cases,electronic data even play a key role in determining the outcome of trials.At present,the "Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China" published by the Supreme People’s Court of the People’s Republic of China(hereinafter referred to as the “Civil Procedure Law Interpretation”)has established electronic data as an independent evidence,but at present,The masses of our country have not paid enough attention to the emerging evidence of electronic data.There is no consensus in the concept of the masses.The judges can not perform very good authentication of electronic data in the process of hearing cases,and they often use traditional evidence for cases.The certification of the facts to be certified and the rules for the certification of electronic data are still incomplete.The judges were unable to authenticate the electronic data according to the existing legislation during the trial.Only when the electronic data has the ability of proof and proof can it become the basis for hearing the case.This article consists of four parts.The first part gives an overview of the basic theories of electronic data and authentication.The overview of the basic theories of electronic data includes the definition,characteristics and types of electronic data and its significance as independent evidence.After that,the certification of electronic data was elaborated and the value of electronic data authentication was analyzed.The first part of the summary is mainly to lay the foundation for the subsequent study.The second part analyzes the rules of electronic data authentication in foreign civil lawsuits,thus summing up the reference significance for perfecting electronic data authentication rules in China’s civil lawsuits.The third part analyzes the status quo of China’s current electronic data certification.First,it analyzes the status quo of China’s electronic data legislation and the status quo of the judiciary,and then finds out the problems in China’s electronic data authentication.The fourth part focuses on researching and perfecting the electronic data evidence ability and probative force rules.First of all,it will elaborate on the standards for the identification of the two,and then based on China’s national conditions,learn from foreign experience,and put forward their own shallow recommendations.