Research On Electronic Data Evidence Certification Rules In Civil Litigation

Since the beginning of the 21 st century,electronic information technology has developed rapidly.People's daily life and work must be inseparable from the Internet.It can be said that electronic data will be generated as long as it is operated on the Internet.Due to the sharp increase in various types of disputes on the Internet,electronic evidence has become more and more important.In legislation,electronic data has been classified as an independent type of evidence in the revision of China's three major procedural laws,providing evidence for the application of electronic data evidence.The legal basis.In judicial practice,in recent years,there have been more and more cases involving electronic data in civil litigation in China.The evidence,cross-examination and certification of electronic data evidence affects the trial and judgment of the case,and the electronic data authentication of the court in civil cases.In fact,although the referee documents generally have certification results,often the certification process is relatively simple,and the certification rules are different,which leads the judge to form a different testimony for similar cases,and then make a different referee result,which will not only lead to The party's trust in the court is reduced and the authority of the court is greatly reduced.Therefore,it is imperative to standardize the certification rules for electronic data evidence in civil litigation and to construct and improve related systems.The dissertation focuses on the construction and improvement of electronic data authentication rules in civil litigation in China.Firstly,based on the concept,characteristics and classification of electronic data evidence,the paper analyzes the differences between electronic data evidence,physical evidence,documentary evidence and audio-visual data.As a necessity of independent evidence types,the data is compared and analyzed in terms of the commonality and difference of electronic data authentication in the three major procedural laws.It is pointed out that the distribution of burden of proof and the certification standard of electronic evidence in civil litigation are different from criminal litigation and administrative litigation.Secondly,the content of electronic data authentication in civil litigation should be combined with typical cases to include the objectivity,relevance and legitimacy of evidence.Thirdly,it makes a comprehensive analysis of the main problems of the court in the electronic data authentication of civil litigation.It points out that the main problems of electronic data authentication in civil litigation are as follows: the admissibility of electronic data evidence is generally low,and the standard of electronic data original identification is not uniform.The proof is weak,the lack of public certification,and the uncertainty of certification standards.Finally,in view of the existing problems,with reference to the effective practices of countries outside the territory,the electronic law enforcement rules for civil litigation are improved from the aspects of evidenceability,proof and proof standards to ensure the fairness of the court and effectively protect the legitimate rights and interests of the parties.