Analysis Of The Obstacles And Countermeasures In The Application Of Electronic Evidence In Civil Litigation

At present,with the popularity of WeChat,various records formed by this APP are gradually submitted to the court by the parties as evidence to prove the fact of a case.Thus,the "WeChat evidence" formed increasingly appears in various civil and commercial cases.Similar Internet electronic evidence has also become the main form of electronic evidence.From the perspective of legal provisions,according to the provisions of article 116 of the supreme people's court on the application of the "interpretation of the civil procedure law of the People's Republic of China >",WeChat and other Internet electronic evidence is a kind of electronic data.However,compared with criminal proceedings,there is a lack of rules for the identification of electronic data in the field of civil litigation,and there are many differences in theory and doctrine.In addition,as a new instant messaging tool,social APP such as Wechat,judges' trial experience is also very insufficient,resulting in many obstacles to the use of relevant evidence in civil litigation.Professor He Jiahong also predicted that in the information age,only electronic evidence is the winning weapon to solve legal disputes.So,in the context of existing civil legislation and judicial practice,what are the characteristics of all kinds of data on WeChat and other social apps as electronic evidence?What kind of evidential function does it have?What are the defects of the relevant legislation in the field of civil litigation?What are the main constraints and obstacles in judicial practice?How should these problems or obstacles be addressed?Based on the case analysis and some empirical results,and summarizing the relevant literature and interview content,this paper attempts to make some suggestions that are in line with the current practical situation and of certain reference value to judicial practice in light of the typical and representative WeChat evidence in current electronic evidence.In addition to the introduction and conclusion,this paper is divided into the following four parts:The first part is to sort out the relationship between related concepts.Starting from the conceptual connotations of electronic data and electronic evidence,this paper clarifies the connotations and extensions of corresponding objects by distinguishing the relationship between electronic data and the inferior concept of Wechat evidence,and further describes the characteristics of relevant electronic evidence in detail.At the same time,in this part,the author introduces the difference between Wechat and other Internet electronic evidence,clarifies the typicality,representativeness and uniqueness of Wechat evidence,and can be used as a specific sample to study civil electronic evidence.Finally,the unique function of Wechat evidence which is different from other electronic evidence is analyzed.Part two: the current situation of legislation and application of electronic evidence in civil litigation.This part takes Wechat as an example to analyze the current situation of the application of electronic evidence in civil litigation from the legislative and judicial point of view.Combining with relevant data and case analysis,it summarizes some visual conclusions,and makes relevant comments on the current practice of notarization,judicial appraisal,court investigation and identification of electronic evidence.Part three: Obstacles to the application of electronic evidence in civil litigation.Based on the current situation of legislation and application of electronic evidence in civil litigation,this part analyses and summarizes the main obstacles and problems affecting the admissibility of electronic evidence in current judicial practice in China.Part four: Strategies and concepts of obstacles to the use of electronic evidence in civil litigation.This part is the innovation of this article.On the one hand,it puts forward the system and practical conception to solve the obstacles of using electronic evidence such as Wechat from a macro perspective.On the other hand,it returns to judicial practice.On the basis of the previous two parts,it puts forward some concrete and operable review strategies to ensure the admissibility and proof of electronic evidence.