| At present,our country has established the legal status of electronic data,which is helpful for us to know the evidence better.However,the relevant regulations on electronic data collection in China are not perfect,the lack of ability of the main body of collection,the poor way of collection,and the non-standard collection procedure lead to the outstanding problems of electronic data collection in practice,which results in the reduction of its proof power,which is not conducive to the use of electronic data in judicial activities.The improvement of electronic data collection system is urgent.It is well known that electronic data,as an emerging type of evidence,has its uniqueness relative to traditional evidence.Therefore,on the basis of the traditional rules of evidence collection,it is an inevitable requirement to perfect the electronic data collection system in China to find out a suitable collection rule for electronic data.This paper is divided into four parts except introduction and conclusion.The first part introduces the basic theory of electronic data collection.It mainly includes the connotation of electronic data collection,the value of electronic data collection and so on.The connotation of electronic data collection is mainly to briefly introduce the concept and method of electronic data collection.The value of electronic data collection is mainly to explain the role of electronic data collection in China’s judicial activities.The second part introduces the relevant regulations of foreign countries on electronic data collection of civil litigation and some enlightenment to our country to improve the system.Through the analysis of the legislative provisions of extraterritorial countries(United States,United Kingdom,Germany,Japan)on electronic data collection,some improvement programs to improve our electronic data collection legislation have been obtained.As computer technology and electronic commerce developed earlier in foreign countries,the regulations on electronic data are more mature.Analyzing and drawing lessons from their relevant experience can improve the collection system of electronic data more quickly and better.The third part mainly introduces the current situation and existing problems of electronic data collection in China.This part mainly analyzes the current legislative status and judicial status of electronic data collection in civil litigation in China and systematically combs the existing problems in the process of electronic data collection in civil litigation in China,which lays the groundwork for the improvement of electronic data collection system in China below.The fourth part is mainly to improve the electronic data collection system in China some suggestions.Through the above research on the current situation of electronic data collection,this part puts forward four concrete measures to improve the way of electronic data collection,standardize the procedure of electronic data collection,improve the collection ability of collecting subjects,maintain the balance between obtaining evidence and protecting the privacy of the parties,so as to make a little contribution to the research of electronic data collection. |
