On The Authenticity Of Civil Electronic Evidence

With the arrival of the era of big data,the rapid development of digital technology and e-commerce,mobile terminals and intelligent payment are in the ascendant.Electronic data records the communication and interaction between people and people,people and objects,things and things,and becomes an important carrier reflecting the real situation of the case.At the same time,new evidence materials frequently appearing in litigation also bring new challenges to the traditional evidence recognition rule system.How to deal with electronic evidence such as QQ,Wechat,Alipay,micro-blog and so on becomes a challenge that the court can not evade.The Civil Procedure Law amended in 2012 classifies electronic data as statutory evidence.However,the rules of electronic evidence in our country are too simple,and the application of electronic evidence lacks clear operational guidelines.In addition,the electronic evidence itself has the particularity of invisibility,easy to tamper with and modify,high-tech and so on.As a result,in practice,the courts have great differences and difficulties in determining the authenticity of electronic evidence,which leads to the problems of low admissibility and low quality of electronic evidence in judicial practice.Based on the court’s confirmation of the authenticity of electronic evidence,this paper reveals the underlying reasons by analyzing the problem of the confirmation of the authenticity of electronic evidence,and refers to the legislative norms and practical experience of the two foreign legal systems,puts forward the construction of the rule system of the confirmation of the authenticity of electronic evidence,in order to cope with the current difficult problem of the confirmation of the authenticity of electronic evidence and help judges to judge the authenticity.False,improve the acceptance rate and quality of electronic evidence,and achieve judicial justice.The article is divided into four parts.The first part is an overview of the authenticity of electronic evidence,which is the theoretical basis of the article.This paper expounds the connotation and characteristics of electronic evidence,the connotation and extension of the authenticity of electronic evidence,the particularity of the authenticity of electronic evidence and the value of the authenticity of electronic evidence,which paves the way for the introduction of the following chapters.The second part is the extraterritorial investigation of the authenticity of electronic evidence.The current legislation of electronic evidence in our country lags behind seriously and can not meet the complex and diverse needs in reality.In view of this,this paper introduces the norms and practices of the two legal systems on the authenticity of electronic evidence,providing useful reference for the authenticity of electronic evidence in China.The third part describes the current legislative situation and realistic dilemma of authenticity determination of electronic evidence in China.Firstly,the legislative status quo of authenticity determination of electronic evidence is analyzed.Secondly,through a series of cases,the authenticity identification problems faced by different types of electronic evidence are introduced.Thirdly,through the analysis of the dilemma of the authenticity of electronic evidence,this paper explores the deep-seated reasons for the difficulties faced by the authenticity of electronic evidence.The fourth part,from the normative level,the process level and the technical level,proposes the countermeasures to construct the rule system of authenticity determination of electronic evidence.