Civil Procedure Guaranteed The Truthfulness Of The Evidence In Electronic Litigation

The system of evidence has always been regarded as the core content of modern judicial activities,which is the basis for launching the proceedings and also the main basis for ascertaining the facts of the case.However,in today's era of informationization,electronic lawsuits have emerged due to the deep integration of electronic information technology and judicial trial.As a new trial method,it brings the influence to the traditional civil procedure rules and litigation behaviors,at the same time,the evidence problems in it become increasingly prominent.Evidence in electronic litigation must rely on electronic information technology in all aspects of transformation,storage and transmission.Errors in any one step may lead to imperceptible changes in the evidence in electronic litigation.In this way,not only is the authenticity of the evidence itself generally questioned,which poses problems for the testimony of the parties,but also poses a great challenge to the accurate certification of the judges.Meanwhile,due to the current lack of legal basis and technical aspects of the rules of evidence in electronic litigation,it has caused practical problems for the protection and determination of the authenticity of evidence in electronic litigation.The guarantee of the authenticity of evidence is not only an inevitable choice to try to realize the truth of the law,but also an important guarantee to promote judicial fairness as well as to improve the efficiency of litigation.Therefore,it is necessary for us to study the authenticity of the evidence in electroniclitigation in order to accurately identify the facts of the case and ensure the fairness of the judiciary,and to promote the smooth development of electronic litigation in our country in the future.This essay analyzes the actuality of electronic litigation at home and abroad in order to analyze the influence of electronic litigation on the traditional principles and the behavior of civil litigation.Through the internal and external perspectives,the paper analyzes the details of the litigation predicament faced by the authenticity of the evidence in electronic litigation and returns to the legal value of the procedural safeguards of the authenticity of the evidence.It also discusses the evidence of the evidence in electronic litigation.Meanwhile,the necessity of procedural safeguards on the authenticity of evidence in electronic litigation is also discussed comprehensively.Finally,some procedural safeguards against the authenticity of evidence in electronic lawsuits are proposed in the forensic,evidence-based,evidence-based and certification stages in order to give some suggestions about promoting judicial fairness and the smooth development of electronic lawsuits in the future.The first part is the change of litigation brought by the electronic litigation.First of all,it introduces the meaning and characteristics of electronic lawsuit and the status quo of practice at home and abroad,and discusses the existence value of electronic lawsuit itself.Secondly,I analyze the impact of the practice of electronic litigation on the traditional principles of civil litigation and litigation behavior.Finally,this paper analyzes the forms and features of the evidence under the current trend of electronic litigation and puts forward the author's definition of the rationale of the evidence in electronic litigation in order to raise questions about authenticity.The second part analyzes the necessity of procedural guarantees of the authenticity of evidence in electronic litigation and the authenticity challenge caused by the evidence itself in electronic litigation through internal perspectives.The analysis of the authenticity of evidence in electronic litigation lacks legal guarantee and technical support and finally returns to the legal value of safeguarding the authenticity of evidence by combining with external perspectives.The necessity ofprocedural safeguards for evidence in electronic litigation is demonstrated in a comprehensive way.The third part is the procedural safeguards for the authenticity of evidence in electronic litigation.Firstly,it starts from the characteristic of the evidence in electronic litigation within the framework of the current system in our country.The third part is to improve the system of evidence collection in the court,the establishment of the judicial organ and the system of evidence preservation.Secondly,it also clarifies the system of online exchange of pretrial evidence,which improves the system of expert assistants,and attends the court with relevant forensics.Thirdly,it clarifies the content of examination and the standard of judgment in the evidence of electronic litigation in order to put forward the authenticity of evidence in electronic litigation.So,the dissertation provides advice on the determination of the facts of the case and the smooth development of electronic litigation.