Research On The Application Of Electronic Evidence In China's Civil Litigation

With the development of human society,the proportion of information and networks in human society has increased greatly.Disputes involving networks and information have emerged endlessly,and electronic evidence is in the evidence system.The weight is getting heavier.To manage society effectively,policies and laws are essential.However,there are only a handful of legal bases on electronic evidence in the field of civil substantive law and procedural law in China,which makes electronic evidence lack of strict legal basis from identification,extraction,use,and preservation,so that it is implemented and enforced in judicial practice Difficult.The purpose of this article is to analyze the rules and systems of the electronic evidence system outside the territory through a systematic study of the application of electronic evidence in civil lawsuits,and to propose new and improved electronic evidence in China in the light of the current use of electronic evidence in judicial practice.Specific system construction measures,with a view to giving full play to the application of electronic evidence in civil litigation,improving procedures and regulations,promoting the settlement of civil disputes,and achieving fairness and justice.The article includes an introduction,a total of four chapters.The first chapter is the basic principle of the electronic evidence system.The analysis of the electronic evidence system should be rooted in the whole discussion of the evidence system.This chapter introduces the birth of the electronic evidence system,the various theories about the electronic evidence system,the meaning of the electronic evidence system,the characteristics of the electronic evidence system,the distinction between the electronic evidence system and related systems,and the analysis of the legal status of electronic evidence alone as a type of evidence.The need for independence leads to the theme of the thesis.The second chapter is the current status of extraterritorial electronic evidence legislation.This part selects typical representatives from the electronic evidence systems of common law countries and civil law countries and analyzes them in detail.The third chapter analyzes the existing problems of the application of electronic evidence in civil lawsuits in China,including the imperfection of the specific system of electronic evidence,the specific problems in the application of electronic evidence,and the supporting measures related to electronic evidence.Entering electronic data for searching in the document network,the current status of the application of electronic data in judicial practice in the past ten years,including the court system's views on it,the reasons why it is considered valid or deemed invalid,and the application of electronic evidence should be noted.Aspects,how to apply more effectively,etc.,what procedures are needed.The fourth chapter is about the improvement of the electronic evidence system in China's civil litigation.This part is based on the above theory and value analysis,and draws on foreign practical experience.Based on the evidence system in civil lawsuits,it is established by analyzing the electronic evidence system.Necessity and rationality,so as to construct related supporting mechanisms and improve the evidence system in China's civil litigation.