Research On Electronic Data Preservation In Civil Procedure

With the development of Internet technology,a great deal of data has been produced in the fields of electronic commerce,online banking and intellectual property rights.These data have more and more influence in civil litigation.Finally,the legal status of electronic data has been determined in the Civil Procedure Law of the People's Republic of China in 2012(hereinafter referred to as the Civil Procedure Law of 2012).The Supreme People's Republic of China implemented on February 4,2015.The Court's interpretation of the application of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the Interpretation of the Civil Procedure Law of 2015)establishes the concept of electronic data.The development of electronic data brings opportunities to the civil evidence system and challenges to the traditional evidence rules.We have entered a new era of judicial proof,and the era of electronic evidence has come.But at present,from the perspective of the whole electronic data system,electronic data only has clear legal concepts.In addition,the collection,preservation and identification of electronic data lack perfect legislative norms,which makes it difficult for judges to identify electronic data in judicial practice.Electronic data is a kind of data information which exists in electronic form.It has the characteristics of virtual,separable,systematic,stable and professional.These characteristics of electronic data determine that traditional methods of evidence preservation cannot be applied.It is imperative to explore suitable methods of electronic data preservation.In addition to the introduction and conclusion,this paper mainly studies the preservation of electronic data in China from four parts:The first part is an overview of electronic data preservation.This part includes the definition of electronic data,the definition of evidence preservation and the concept,characteristics and role of electronic data preservation.The definition and characteristics of electronic data are analyzed.The definition of evidence preservation expounds the meaning and category of evidence preservation.Finally,the concept,characteristics and functions of electronic data preservation are analyzed.The summary of electronic data preservation is the theoretical basis for the analysis of related issues of electronic data,which paves the way for future research.The second part mainly elaborates the current situation and problems of electronic data preservation in China.This part analyses the current situation of legislation,judicial practice and existing problems of electronic data preservation in China.At present,there are some problems in electronic data preservation in our country,such as unclear extension of electronic data,limitation of preservation subject,imperfect preservation procedure,lack of preservation personnel,etc.The analysis of electronic data preservation is the basis of providing perfect suggestions below.The third part analyses the relevant regulations of electronic data preservation in foreign countries and the enlightenment to the construction of electronic data preservation in China.This part studies and analyses the relevant provisions of Japan,Germany,the United States and Canada,and evaluates the relevant provisions of these countries on electronic data preservation,and then analyses the reference that can be provided for the construction of electronic data preservation in China.Foreign countries have rich and mature experience in legislation and judicature on the relevant provisions of electronic data preservation.Learning from foreign experience can improve our electronic data preservation faster and better.The fourth part is mainly about the suggestions to improve the electronic data preservation in China.The main significance of this topic is to enrich the existing theory and promote the development of legislation by studying electronic data preservation.Based on the study of the actual situation of electronic data preservation in our country and the analysis of the current situation of legislation and judicial practice of electronic data preservation in our country,this paper puts forward four suggestions to improve electronic data preservation,including defining the extension of electronic data,expanding the main body of electronic data preservation,perfecting the procedure of electronic data preservation and implementing the method of electronic document management,in order to provide useful reference for electronic data preservation in our country.