Research On The Identification Of Electronic Data Evidence In Civil Litigation

With the development of information technology,electronic data evidence was increasingly used in civil litigation.Although electronic data evidence was accepted by our country's laws,the rules of electronic data evidence identifying are still vague.The value of electronic data evidence was not fully reflected and guaranteed.Hence,this paper focus on the identification of electronic data evidence,through a typical case with electronic data as the key evidence to analysis the evidence ability and the probative force of electronic data evidence.Based on the results of case analysis,the problems of identification of electronic data evidence in civil action were further discussed.This paper was divided into five parts:The first part was the brief introduction of the case of Wang and Gu's private loan disputes.In this case,the main controversial point was the identification of Wechat chat record which was submitted by the defendant Gu.The second part was the analysis of the evidence capacity of electronic data evidence in the case.Through analysis,we found that the difficulty of identification were the authenticity and relevance,which was resulted from the extensive using of duplicate,the technical level of notarization and identification could not match judicial demand and the ambiguous relationship between virtual space and reality.The third part was the analysis of the probative force of electronic data in the case.According the analysis,electronic data evidence will be considered as indirect evidence.It means that a complete chain of evidence was needed to achieve the purpose of proof.On the other hand,the electronic data evidence was required to submitted with a printout form in the judicial practice.However,owning to electronic data were easily modified and deleted during the process of printout,the integrity and authenticity of printout form will be challenged by the court.The forth part,based on case analysis,discussed the crucial problems of the identification of electronic data evidence commonly found in civil litigation.For the authenticity,the cognition of electronic data evidence was partial;the extensive using of duplicate was unreasonable;the notarization and identification were still need improve.For the relevance,the cognition of the relevance of electronic data evidence was superficial;the rule of evidence obtain was missing.In the fifth part,the problems of identification of electronic data evidence in civil action were suggested.