Electronic Data Evidence Preservation In Civil Disputes

Today's society has entered the era of electronic information.Electronic data has begun to exist in our lives in silence.In the field of civil litigation,the use of electronic data in the form of digital and message is also very common.In 2012,the revised civil procedure law took the electronic data as an independent evidence category,and clearly defined the status of electronic data in civil litigation.Evidence preservation is a pre-Investigation of evidence.In view of the particularity of the electronic data,electronic data in the preservation methods,preservation,preservation time and the preservation of the main technical requirements and traditional evidence preservation is quite different from the traditional method of preservation of evidence,can not be fully applicable to the preservation of electronic data.However,our legislation has not made special provisions for the preservation of electronic data evidence,which makes the preservation of electronic data evidence still apply the relevant provisions of traditional evidence preservation in practice.The preservation of electronic data is the scope of evidence preservation.There is no doubt that the preservation of electronic data is based on the preservation of traditional evidence.However,because of the particularity of electronic data,if we simply apply the traditional evidence preservation method to electronic data,we will not be able to achieve the effect of preservation.There are many problems in the preservation of electronic data in judicial practice because of the lack of special provisions on electronic data preservation at present.Therefore,it is urgent and necessary to study the preservation of electronic data evidence.Based on the study of scholars on electronic data evidence preservation research results,the provisions of the existing electronic data in China are analyzed,combined with the electronic data in the judicial practice of preservation of the actual operation modes were analyzed and found to preserve the existence of electronic data preservation methods data lack of standardized electronic data preservation starting conditions too strictly,the preservation of the main single,the relevant electronic data flow is not standardized,preservation of evidence.In view of the above problems,based on the characteristics of electronic data,this paper studies the application of electronic data evidence preservation in practice,and on this basis,it puts forward its own views on improving the electronic data evidence preservation system.