On The Rules Of Examination And Judgment Of The Electronic Data In Civil Litigation

As legal evidence,the electronic data have appeared in public view not long ago,but with the rapid development of scientific technology such as mobile communication,the probability of electronic data in cases becomes larger and larger with higher and higher significance.Yet,the judges take a sceptical and conservative attitudes in authentication in the face of the new thing,which result in the problems such as vigorous distinction standard of original document with copy;legitimacy of attaching importance to forms;legitimacy of making little of procedures;excessive trust in the third party;confusing identification and the like.Those problems have an impact on the results of judgment of case.What’s more,they go against the establishment of judicial credibility.Therefore,this paper will take the rules of examination and judgment of the electronic data in civil litigation as the object of the research in hope of constructing systematic,thorough and feasible rules to examine and judge the qualification and the testifying power of the electronic data evidence to ensure the electronic data will be treated in a fair way.The paper has four parts,the first part is about the introduction of the electronic data in civil litigation,in which proper definition of electronic data is given;the distinctive features of electronic data is elaborated;also,the electronic data are properly divided into different categories,which pave ways for the following discussion.The second part is about the judicial statistics of the electronic data,and the source of 115 statistical cases is from “China Judgements Online”.The cases are analyzed from two aspects,namely,the basic data and the examination data.The criteria of division is whether the electronic data go through the court trial procedure and the meaning of division is to make it easier to find out the influence of the basic status of electronic data on trial.The third part is to analyze many problems existing in authenticity,relativity,legitimacy and probative force in the process of examining and judging electronic data based on the data from statistics.The fourth part is the most important,in this part,aiming at the problems existing in electronic data in judicial practice,rules to solve those problems are proposed correspondingly,such as the rule of differential treatment,the rule of fixed priority,the rule of effective separation and the rule of limits.Those rules are first proposed,so it is subject to being tested in practice.