Study On The Third Party Evidence Preservation Of Electronic Data

The concept of evidence preservation has a long history,and the scope of the preservation subject is long confined to the people's court and the notary agency.In the legislative confirmation electronic data evidence,however,as the new types of evidence of this change,the evidence preservation of the original pattern has been broken,namely to electronic data evidence produced new evidence preservation subject-third party evidence preservation.But the problem is that the phenomenon of current legislation,this is just a kind of practice is the third party evidence preservation neither legislative recognition of the specialized institutions,there is no legislative ban,in a state of natural growth.Therefore,this paper studies the main content of the is,clear the concept and connotation of the third party evidence preservation,analyze the deep cause of the third party evidence preservation,this paper discusses how to seek the third party evidence preservation legislation recognition and how to overcome the obstacles existing in the existing legislation system,how to break the tradition of judicial organ in the legislation and the pattern of notarization institutions monopoly for preservation of evidence.This paper is divided into five parts:The first chapter is the introduction,pointing out that the third-party evidence preservation practice of electronic data is first in the legislation,and the development of practice is already ahead of the policy law,and the practice urgently requires the legislation to change.The second chapter gives an overview of the third party data write electronic evidence preservation,defining the concept of third party data reveal the electronic evidence preservation and analysis of basic parts,and expounds the third party electronic data evidence preservation application environment in law and practice,compared to the traditional evidence preservation mode innovation.The third chapter discusses the value embodiment of the third party evidence preservation of electronic data.Characteristic analysis of electronic data evidence has the difference from the traditional evidence determines the necessity of using third party evidence preservation mode,and introduces the third party electronic evidence preservation mode can effectively solve the problem of what specific data of electronic data evidence in the judicial practice,to solve the issue of electronic evidence data can play what role.The fourth chapter introduces the realistic dilemma of the third party evidence preservation,focuses on the query voice of the third party evidence preservation mode,and the key issues that affect the future development of the third party evidence preservation mode.The fifth chapter puts forward the third party evidence preservation of electronic data theoretical solutions,according to the realistic problems of third party electronic data evidence preservation,analysis of the problems in the importance of electronic evidence preservation in the development of third party data and put forward a preliminary solution.