Research On The Authenticity Of Electronic Evidence In Civil Litigation

With the amendment of the civil procedure law of the People's Republic of China,the criminal procedure law of the People's Republic of China and the administrative law of the People's Republic of China accelerated.Electronic evidence is increasingly active in judicial practice.Although electronic evidence is included in the legal evidence category,there is no clear judgment standard in collecting evidence,preserving evidence,examining evidence,questioning the authenticity of evidence,and using evidence.In order to make a thorough study on the authenticity of electronic evidence,we must first start from cases,sort out and classify the characteristics of electronic evidence,change the original thinking and challenge the traditional view of evidence.In practice,the acceptance of electronic evidence is low,especially since authenticity is often not recognized,Conventional wisdom holds that electronic evidence is easy to modify and delete,and because it belongs to the computer field,it is difficult to prove,and the law is lax,it is difficult to prove.But the actual electronic evidence is divided into a variety of forms,some unfavorable changes the types of evidence that changes in its electronic properties can full records of time and procedure,to some extent authenticity is higher than the traditional evidence,has more stability and not easy to modify.This article starts from the case,lead to the effectiveness of the electronic wills,electronic evidence extraction problem led to the burden of change and electronic signature,three hot topics about electronic evidence,based on the analysis,the preliminary test analysis of the status quo of electronic evidence,and the cause of the dilemmas,and put forward the general train of thought and problems.Later discussionintroduces the main forms of electronic evidence and its authenticity identification criteria.Firstly,the types of evidence of electronic evidence are classified into isolated data and system data according to their stability and storage path.Different types are assigned with different authenticity identification criteria,which are explained one by one.The article mainly discusses existing in the verification of the authenticity of civil electronic evidence.Through legislation and practice two aspects,the combination of judges,lawyers,parties,multiple points of view of the structure of the study on electronic evidence in our country current law and value orientation,with internal perspective as the starting point of authenticity that electronic evidence,and connecting with the practice,the parties to electronic evidence of cognitive perspective,explore the cause of contradictions and problems.On the perfection of the rules for the authenticity of civil electronic evidence.In the second part puts forward the problem as the starting point,one by one analysis and find countermeasures,the extraction of integrated electronic evidence,fixed,cross-examination aspects,respectively from the collection of electronic evidence,the introduction of expert auxiliary system,the establishment of electronic evidence associated with holders identity authenticity determination,to establish "" shall be regarded as the original rules,to improve the way of traditional electronic evidence that authenticity,build multi-level electronic evidence rules from several aspects,based on the existing framework in our country is put forward my own ideas.