On The Judicial Application Of Electronic Data In Civil Procedure

Evidence is the basis for the people's court to determine the facts of the case and make a reasonable judgment.For a long time,there are only seven kinds of civil evidence in China,but with the rapid popularization of computer and Internet and the development of related technologies,the society has entered the Internet era,becoming more and more information-based and digital,and the original types of evidence are insufficient to meet the needs of modern civil litigation.In order to make up for the deficiency of the evidence system,electronic data has been added to the evidence category stipulated in Article 63 of the newly revised civil procedure law in 2012,it means that the electronic data witch discussed in theory for a long time has been officially recognized as a legal form of evidence by legislation as a new evidence has entered the judicial practice in a unique way of expression which is totally different from the traditional evidence.However,it can not be denied that there are still problems in the specific application of electronic data evidence,the provisions of current laws on electronic data are not perfect,and the application of electronic data evidence in judicial practice lacks a unified standard,resulting in the lack of clear provisions on the collection,evidence collection,identification,preservation and other issues of electronic data evidence in legal theory and judicial practice.It still needs to be improved.This paper starts from the above three aspects,based on the analysis of the current situation and existing problems of the application of electronic data evidence in civil litigation in China,this paper puts forward relevant suggestions.Taking the judicial use of electronic data as the main body,this paper discusses the collection,evidence collection,preservation and identification of electronic data.Starting from the concept of electronic data,this paper analyses the characteristics,collection,inclusion and identification of electronic data,and puts forward some opinions to improve and supplement the relevant systems and rules on the judicial use of electronic data.