Research On The Application Of Online Chat Record Evidence In Civil Litigation

After entering the 21 st century,China has been constantly in line with the international standards.Internet technology has also been gradually popularized in various industries and people's life.After the improvement of people's living standard,the way of social communication has been constantly changing,and communication equipment is also developing with each passing day.The computer from the high technology domain gradually walks down the altar to enter the common people's home,said goodbye to the pager,the mobile phone from the black screen,the yellow screen to the color screen.Network technology from 2G,3G,4G to now is about to advocate 5G era.Cash is no longer a necessity for going out,and mobile phone payment is becoming more and more convenient.The payment method can be scanned code and face,and the online payment function was only available in large shopping malls at the beginning,and the relevant qr code is standing in front of every stall.Not only that,but the way people get information and express themselves is changing.In the past,the news was always broadcast after the investigation of the incident happened for a period of time.Now,the news can be broadcast at the same time as the progress of the investigation of the incident,and people can immediately express their opinions and ideas through various media.Therefore,the relevant content on the network will become the important evidence of all kinds of judicial disputes nowadays.However,despite the increasing importance of the Internet and the inclusion of electronic data as evidence in China's civil litigation,there are still many problems in the current legislation and judicial practice.First is the legislative level,our country for the discussion of the electronic data as evidence has been belong to fumble stage,also not too much theory stage results,at present our country does not have a complete about online chats etc.This kind of electronic data of the legislation system,especially in the civil lawsuit,no evidence from the electronic data of the three elements of related establish relevant system,for the judicial relief mechanism of such evidence is not able to effectively safeguard the rights and interests of citizens.Secondly,in terms of judicial application,there is no unified rule or relevant judicial interpretation on the identification of the authenticity and proving power of online chat records.This makes it very easy to appeal the current case concerning Internet chat records as the key case.Therefore,China's current on the application of online chat records in civil litigation rules,there are corresponding legislative deficiencies and there are judicial aspects of the problem.Therefore,on the actual connotation of online chat records,qualitative attributes,the specific application of judicial expertise,authenticity and certification,etc.,will be the current legislative community needs to solve the problem.This paper,by referring to the research results of foreign countries and closely related to the current legal situation in China,analyzes and elaborates the deficiencies in the applicable rules of online chat records in China's civil litigation,and puts forward relevant Suggestions for improvement.This article is mainly divided into three parts,discusses the online chat records in civil litigation in the application of law and other basic issues.The first part introduces the three typical cases and decisions,including agency contract disputes,reputation and informal lending disputes and summarizes three issues,namely the authenticity of online chat logs that problem,that of online chats problem,online chat logs in the civil procedure law according to the problem.The second part is the corresponding jurisprudential analysis of the three focus issues summarized in the case,and analyzes the various rules applicable in the current civil litigation in China.The third part,through the conclusion of the case and relevant research results,puts forward relevant Suggestions and discussions on improving the applicable rules of online chat records in civil litigation.The first is to improve the rules for determining the authenticity of online chat records,the second is to improve the path of online chat records to prove the evidence,the third is the legal basis for the application of online chat records in civil litigation.