Empirical Review And System Improvement Of Electronic Data Notarization Preservation

Item 63 of?Civil Procedure Law?has set up in the form of laws that electronic data is of the type of civil proofs.But in the social background of the modern technologies rapid development,the cases of tort by electronic data have been enormously emerging.To better defend their own rights,people usually implement the clench of the evidence by the form of notarization preservation so as to defend their own legal privileges.Based on the empirical researches of the 83 cases of notarization preservation of electronic data collected on the website of China Judgment Documents,it is displayed that during legal practice,the courts had had quite different adoption of evidence of the same electronic data.The judges usually did not reply to the questioning of the litigants and were used to adopting the electronic data in the name of “the effect of notarization preservation is rather high” and the way of Postmortem Identification.On one hand,the original features of the electronic data after notarization preservation may have disappeared,and the postmortem identification at that time may be unable to really identify the authenticity of the electronic data;on the other hand,thought the court did not reply the doubt of the litigants,the existing problems could not be underestimated.Therefore the two means of inspection of the evidence are not so significant,and there is need to explore more scientific means of inspecting the electronic data,and to have further researches of inspecting the doubts of the litigants.This essay started from the authenticity,legality and relevance of the evidence,and adopted the doubts and questions of the litigants in the 83 lawsuits as the object of the research,so as to discover that there have been existing massive problems of the electronic data which has passed the notarization preservation.The notarization preservation of electronic data is quite different from the traditional notarization preservation of evidence,and requires the operation of professionals.However,the present team of civil service is not totally qualified with the capacities of computer skills.Besides,the present regulations about the notarization preservation of electronic data in Notarization Law and the relevant laws are too much of principles,not strong in practice.The academic theoretical researches of the notarization preservation of electronic data are also scarce and weak.Therefore,it is necessary to have a type of classification research of the existing problems in the notarization preservation of electronic data and set up newregulations of the notarization preservation of electronic data.Regarding this issue,by learning from the rules of the western nations like “ the rule of autonomous self-confirmation”,“confirmation of unique characteristics” etc,the confirmation regulation of electronic data matching Chinese situations can be processed.At the same time,on the basis of the present regulations,the relevant departments can have detailed researches of this issue to draft some more comprehensive supplementary supporting provisions.