Research On The Application Of Electronic Data Evidence

With the development of electronic information technology,electronic data has gradually entered the stage of judicial practice.In civil litigation,the more common evidence of electronic data,including:SMS,online chat,microblogging,web pages and e-mail and so on.These evidences differ from the traditional evidence of the salient features of its intangibility,vulnerability,professionalism and technology dependency and so on.China's legislation on electronic data evidence started late,2012,"Civil Procedure Law" for the first time to establish the legal status of electronic data evidence,but nothing more.The Interpretation of the Civil Procedure Law,published in the Supreme Court in 2015,details the scope of the electronic data evidence and does not provide for the administration of the electronic data collection,access,preservation,proof of evidence,and the validity of the examination.In dealing with civil cases involving evidence of electronic data,it is confused and confused.Based on this,I believe that electronic data evidence is different from the traditional evidence,its application should have its own characteristics.Without a practical application of the guiding rules or judicial interpretation,the judiciary did not dare to "mine pool" step,just for us to strengthen the electronic data evidence of theoretical innovation and applied research provides an opportunity.This paper starts from the overview of electronic data evidence,mainly from the electronic data evidence in the collection,preservation and review identified in the process of encountering various problems as the starting point,combined with the author's own civil trial practice,put forward their own for the improvement of China's electronic data Related systems such as the introduction of electronic technology experts,the implementation of network notarization,the establishment of electronic data evidence review and accreditation system and other aspects of thinking,in order to China's civil proceedings in the court on the application of electronic data to provide a useful reference.