Research On The Authentication Rules Of Electronic Evidence In Civil Litigation

In recent years,the level of Internet science and technology has developed rapidly,electronic data,as a new form of evidence,has been widely used in all aspects of life.For example,mobile phone short messages,we-chat,micro-blog and other popular aspects,are closely related to electronic data.But there will be more and more electronic evidence related problems.Although China's law has confirmed the independent status of electronic data as evidence,but China has not yet formed a complete legal system of electronic data.At the same time,in judicial practice,there is still a lack of unified standards on how to define its concept,whether the evidence is admissible and its value of proof.Especially because our current law does not provide rules for the determination of electronic data,resulting in the practice of civil judges in the trial of cases,the determination of electronic data is mostly based on free evidence,and rarely distinguished from traditional evidence.It is easy to appear that different judges have different results in the trial of a case,which will directly affect the credibility of the judiciary,and the trial results are often difficult to convince the parties.Therefore,China should draw lessons from foreign advanced research results and combine with the national conditions to formulate the rules of electronic data evidence ability and proof power,improve our evidence law,and provide legislative guidance for civil trial practice.In view of the above problems,the author intends to put forward a set of operable electronic data authentication rules suitable for our country on the basis of the research on the evidential ability and proof power of electronic data,referring to foreign legislation and determination rules on electronic data,and based on our civil trial practice.