The Research Of Electronic Data Evidence Exchange Procedure

<The Supreme People's Court's Opinions on Reform of the People's Courts—The Fourth Five-Year Reform Outline of the People's Court >(2014-2018)clarified that establish a trial-centered litigation system.In order to effectively promote the establishment of a trial-centered litigation system,Chinese scholars have researched on the establishment of pre-trial procedures and evidence exchanges in recent years.People's courts have actively explored how to promote evidence in the judicial practice of civil litigation.However,with the advent of electronic data,it has raised more and more questions for the advancement of evidence.If the electronic data is applied to the evidence exchange procedure by the standard of traditional evidence,and ignoring its own characteristics,it will make it difficult for electronic data to operate effectively in the current evidence exchange procedure.For example,the evidence exchange procedure is harsh and the exchange object is not clear.It hinders the reform and development of the trial-centered litigation system.Therefore,in view of the particularity of electronic data,this thesis studies how to solve the problems that exist in the above electronic data exchange,and it explores the effective connection between electronic data exchange and the current civil evidence exchange procedure system in civil litigation.This has important theoretical and practical significance for ensuring the smooth operation of the electronic data evidence exchange procedure and achieving the centralization of the trial.This article is divided into four parts:The introduction to the first chapter,it explains the background of the thesis.It is difficult for electronic data to adapt to the evidence exchange procedure by the standard of traditional evidence.The paper has important practical significance and theoretical significance of electronic data evidence exchange procedure.The second chapter summarizes the electronic data evidence exchange system.The paper defines the electronic data evidence exchange procedure from the components of the evidence exchange program,subject,time,space and results.Next,it is analyzing the characteristics of the electronic data evidence exchange system.Finally,the paper analyzes the basic content of the evidence exchange procedure in the judicial,and it lays the foundation for the analysis the problems existing in the electronic data evidence exchange procedure.The third chapter analyzes the problems of electronic data in the applicable of the evidence exchange procedure.This chapter uses case to find out that the problem of electronic data application evidence exchange procedure,and it is manifested in the strict starting conditions of the evidence exchange program.The fourth chapter is about the improvement of the electronic data evidence exchange procedure.It is the key chapter of this article.Through comparative analysis method,the article draws conclusions that is relaxes the starting conditions of the electronic data evidence exchange procedure,and clarifies the objects of electronic data evidence exchange.The United States' cost transfer principle can be used to punish the unreasonable exchange behavior,and the electronic data evidence exchange procedure is improved to ensure the construction of the court-based centralization system.