Research On Electronic Data Related Issues In Civil Litigation

With the continuous advancement of science and technology,electronic information is increasingly involved in all aspects of people's lives and work.The Civil Procedure Law,which was amended in 2012 in China,treats electronic data as a separate form of evidence,which means that the legal status of electronic data has been affirmed.However,while being happy,electronic data has exposed many problems in judicial practice due to the inadequacy of legislation on electronic data and judicial interpretation.Based on the judicial practice in our country,this paper takes three civil cases as examples to introduce the related issues of electronic data,and puts forward some suggestions through research and analysis of these problems,and contributes to perfecting the electronic data legal system.This article is divided into three parts:The first part: the brief introduction of the case and the focus of the problem.This paper is guided by three civil cases involving electronic data.Through the analysis of the case,it finds three problems that are prominent in the judicial practice of electronic data,namely: the validity of the electronic data preservation notarization,the original identification of electronic data.Question,proof of the identification of electronic data.Part ?: Legal analysis of related focus issues.This part mainly analyzes the three questions raised in the above-mentioned cases one by one,and puts forward the reasons for the formation of these problems,the status quo of the legislation and the hazards of the problems.First of all,the validity of the notarization of electronic data is mainly caused by the lack of procedures and the lack of skills related to the notary team.Secondly,in the issue of the original identification of electronic data,it mainly analyzes and demonstrates the conflicts of electronic data legislation and the inconsistency and characteristics of electronic data.Finally,for the problem of the identification of electronic data,it is considered that there is a lack of corresponding examination and recognition standards and judicial personnel's lack of understanding of electronic data.Part ?: Suggestions on the above issues one by one.First of all,on the issue of the effectiveness of electronic data preservation notarization,it proposes to improve the procedures of electronic data preservation notarization,and at the same time strengthen the professional level of the notary team and reduce the notarization errors by setting up a network notary platform.Secondly,on the issue of the identification of the original electronic data,the original rules for the identification of electronic data are proposed,and the originals using a variety of techniques to identify electronic data are proposed.Finally,for the identification of the proof of electronic data,the paper puts forward the rules for perfecting the evidence of electronic data and perfecting the system of expert assistants to help judges judge the proof of electronic data.