Research On Electronic Data

Now the rapid development of the Internet along with the rapid development of electronic science and technology,we have entered the era of "electronic",the network gradually transformed into a part of people life style,such as buying tickets online,pay bills online,online booking accommodation,online shopping,etc.,in gradually permeate people's ordinary life,also it is because the people for the dependence of the network to improve,now have been accompanied by more and more disputes about electronic data evidence.From the point of the case of has happened many e-commerce,e-commerce disputes involving numerous legal facts to maintain,but the process requires the electronic data the new forms of evidence.Due to the electronic data itself has particularity,for the traditional rules of evidence in our country have a larger impact and challenge,electronic data problem in electronic commerce has become a topic we are facing and have to solve.Commenting on electronic data evidence for adjustment of the law of rare,because for electronic data research started late in China and the regulation of electronic data law too scattered not a complete system.And electronic data itself has the characteristics of vulnerability,dependency,invisibility,in judicial practice,because the judge "knowledge barriers" for electronic data that usually take "authentication" and "notarization".But "authentication" problem is can't meet the practical requirements of electronic data evidence,due to the electronic data are volatile will soon disappear,the judicial authentication procedures on the actual effect cannot meet the requirements."Notarization" seen is just part of problems existing in content and printing of justice as the object of content is consistent,the recognition of the object is not strict sense of the original evidence,its content is decided by keeping the primitiveness and integrity,not justice personnel can judge,due to the notary public do not have specialized knowledge,to some extent just solve the problem of the consistency of the content,and for the reliability of the technology,science,and is of questionable legality.The development of electronic commerce and judicial practice in China have caused great legal obstacles,and it is urgent to establish and perfect the existing legal system of electronic data in China.The author puts forward the idea of perfecting the electronic data system in the light of the electronic data evidence.For the general problem of legislation of electronic data,the uniformity of the rules of evidence can be considered,and it is not necessary to legislate separately,so we can consider the interpretation of the laws and regulations.The identification of electronic data should be set up separately so as to solve the problem.And to absorb the relevant legislation to construct the legal system of electronic data system in China.In practice,establish industry association,on the one hand,hope that scholars can work out a unified technical standards and industry standards,on the other hand,through the electronic data industry association of links such as the business of the management and constraints.As well as the establishment of unified standards and expert testimony system and judicial appraisal system.