The Research On Difficulties In Collecting Givil Electronic Evidence

Electronic evidence has gradually become a frequent visitor in civil litigation activities and that has been listed as one of the types of legal evidence in civil litigation.The collection of electronic evidence in civil proceedings in practice is mainly depend on the rules of traditional Chinese evidence collection.However,as a new type-of evidence,the uniqueness of electronic data makes it difficult to integrate with traditional rules.Therefore,there are some difficult problems in the collection of electronic evidence in civil laWwsuits.In civil litigation activities,the litigants and the people' s courts'attitude greatly affect the collection of electronic evidence.In practice,we tend to solve problems by avoiding conflict.However,it is precisely the collection of evidence by litigants and their commissioned attorneys and the people' s court' s attitude toward electronic evidence that makes electronic evidence itself in a more awkward position.Going further forward,the independence of electronic evidence has been questioned;taking a step back,the rigor of evidence collection is problematic.However,as a type of independent evidence,electronic evidence is a new type of evidence.Although it differs from traditional evidence,it is still a branch and derivative of traditional evidence types.When we are trying to find the balance between the collection of electronic evidence,we should also have a certain degree of tolerance.On the basis of recognizing the nature of electronic evidence,we will improve the electronic evidence collection system and transform it into inclusive and positive solutions.