Rules For The Examination And Judgment Of Electronic Evidence

With the continuous development and innovation of electronic informatization,electronic evidence will appear at any time in people’s daily lives.When disputes occur,more and more electronic evidence is also used in litigation.Since 2015,the number of private loan cases in practice has ranked first among all types of civil and commercial cases,becoming the largest cause of civil disputes.Not only the rapid growth of the number of private lending cases,but also the popularization of new payment methods of WeChat and Alipay,coupled with the continuous emergence of P2 P online lending cases,the product of "Internet + lending",which involves the review and judgment of electronic evidence to private lending cases The trial work brings new challenges and problems.The existing legislative norms on electronic evidence in China are relatively fragmented and unsystematic.There are legislative imbalances,lack of operational rules,and there are some conflicting regulations.At the same time,we should also pay attention to the problem of inconsistent rules and standards in the review and judgment of electronic evidence in private loan cases.This article takes the civil lending case as the starting point of the largest civil dispute in China as an entry point,analyzes the problems existing in the review and judgment of judicial practice of electronic evidence,and proposes a reasonable response method.In order to be able to correctly use the new evidence type of electronic evidence in judicial practice,save litigation costs and judicial resources of the parties,solve the difficulties in the "net loan" disputes in current practice,and improve the objectivity and judgment of the fact finding of private loan cases The fairness of the results.The first part of the article focuses on basic theories,discusses the definition of electronic evidence,and makes a detailed comparison of electronic evidence and electronic data;analyzes the characteristics of electronic evidence data,variability,and diversity;lists the electronic in private loan cases Common forms of evidence;expounds the value ofelectronic evidence in private loan cases.In the second part of the article,through a sample analysis of the judgment documents of private loan cases,the judicial status of electronic evidence in private loan cases is explored,and the problems of electronic evidence in private loan cases in judicial practice are summarized.Afterwards,the relevant legal norms of the current electronic evidence in China were sorted out in the form of a table,and the current legislative status was investigated to find out the problems in the legislation of electronic evidence.The third part of the article proposes constructing suggestions for the review and judgment rules of electronic evidence in private lending cases from the aspects of authenticity,relevance,legality,completeness,as well as the preservation of electronic evidence and the standard of original documents.