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Research On The Authenticity Examination Of Electronic Data In Civil Litigation

Posted on:2021-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WuFull Text:PDF
GTID:2416330647953860Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the advancement of information technology,people's behavior has gradually changed from "offline" to "online",and evidence in litigation is increasingly presented in the form of electronic data.Especially with the rapid development of new technologies such as big data,cloud computing and blockchain,the application of civil evidence rules has provided a new vision and also brought new challenges.At present,there are many difficulties and confusion in the application of electronic data.How to examine and judge the authenticity of electronic data has become a prominent problem in practice.In order to solve the dilemma of the examination of the authenticity of electronic data,we should start with its own characteristics and establish corresponding rules,so that this form of evidence docking with the times can play its unique role.This paper is divided into four chapters to study the examination of the authenticity of electronic data in civil litigation.It mainly introduces and analyzes the rules and current situation of the examination of the authenticity of electronic data in China's current civil litigation,points out the shortcomings and defects,and compares the evidence rules and practices of the examination of the authenticity of electronic data in common law countries,so as to improve the legislation of the examination of the authenticity of electronic data in China And the application of judicial practice putforward some ideas and opinions.The first chapter mainly defines and analyzes the basic concepts of electronic data authenticity review,and discusses the concept,characteristics,types and the necessity of authenticity review of electronic data.The second chapter studies the current situation of the examination of the authenticity of electronic data in China's civil litigation,mainly combs the rules of the examination of the authenticity of electronic data in the current civil procedure law and how to adjust the requirements of the "original" of electronic data,and summarizes the thinking methods and existing problems of the court's examination of the authenticity of electronic data.The third chapter makes a comparative analysis of the examination of the authenticity of electronic data in foreign countries,mainly comparing the legislation and judicial practice of the United States and Canada,which is of great significance for the improvement of the examination rules of the authenticity of electronic data in China.The fourth chapter is to put forward suggestions to improve the examination of the authenticity of electronic data in civil litigation in China.It puts forward corresponding countermeasures in three aspects: the form of electronic data presentation and presentation procedure,the rules and methods of examination of authenticity,and the auxiliary mechanism of authenticity.It also discusses the types of examination of the authenticity of electronic data in different forms in judicial practice.
Keywords/Search Tags:Electronic data, Authenticity, Rule of evidence
PDF Full Text Request
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