The Application Of Electronic Data In Civil Litigation

With the development of electronic technology and e-commerce,electronic data is frequently adopted in our daily life and work.Compared to the before evidence type,electronic data has its own characteristics,such as,it has the obvious virtuality,imperceptibility and easy to be tampered.In 2012,the electronic data has been stipulated as a new type of evidence in the revised Civil Procedure Law,and it has been included in the evidence system.The interpretation of the civil procedure law lists several kinds of electronic data.Besides,there is no other law stipulating the electronic data,even about the exact meaning of it.The fundamental factor that the electronic data cannot take effect is because the law has not stipulated the uniform standard in the application of the electronic data,which will affect the quality of the case.And the same case may have the different results,finally influencing the justice of litigation.Even though our law has stipulated some rules about the adoption of the evidence,but the traditional adoption rules cannot meet the need of the new electronic data.Besides,the rules of collecting information,exchanging of the evidence and affirming of the electronic date are relatively scattered and unsystematic,cannot take effect in the practice.It is necessary to make the research on the meanings and relative theory about electronic data,so as to solve the adoption of it in the current juridical practice.The electronic data has been stipulated as an independent evidence in our revised Civil Procedure law in 2012,it is the great creation in this research field.Based on this,our country should speed up on the construction and completion of the regulations about the electronic data.Making the unified regulations on the application of electronic data in the way of external reference and internal renovation,so as to reach the goal in this field.