Research On Electronic Date Preservation In Civili Litigation

Since the beginning of the 21 st century,the rapid development of information technology and the widespread application of intelligent electronic equipment have brought about huge changes in people’s lifestyles and production methods.Electronic data using electronic devices as a carrier is showing an explosive growth trend,which brings huge challenges to court trials and evidence systems.For the first time,the 2012 Civil Procedure Law made electronic data a statutory type of evidence,resolved many years of disputes over the eligibility of electronic data,and officially recognized the legal status of electronic data.However,the Civil Procedure Law fails to specify the rules for the preservation of this new type of evidence,electronic data.In order to resolve the contradiction between the rapid development of electronic data and the backward evidence preservation rules,and to give full play to the evidence function that electronic data should have in the information age,it is necessary to study China’s electronic data preservation system.This article is based on the court preservation system in China’s electronic data preservation.By sorting out relevant documents of electronic data and drawing on useful experience outside the territory,it puts forward some suggestions in an effort to make certain benefits for the rules of evidence preservation of electronic data in civil lawsuits explore.Electronic data security has been rich in theoretical research.This article first combs and defines the concepts and features of electronic data based on legislative and academic viewpoints,and then summarizes the concepts,features,functions,principles,and methods of electronic data preservation.This is the research base of this article.Court preservation is not compatible with the characteristics of electronic data,and presents many problems in the process of electronic data preservation.The evidence preservation system originally originated in Germany in the civil law system.China has established the current evidence preservation system after a series of institutional changes.In China,there is a lag in the legislation of electronic data preservation.In judicial practice,electronic data has characteristics such as intangibility,science and technology,and timeliness.It brings to the court system functions,court jurisdiction,and preservation methods.Challenged.The electronic data security system outside the territory is relatively complete,which can provide a reference for China’s electronic data security system.In the civil law system,Germany is the birthplace of the evidence preservation system,and its evidence preservation system is relatively complete.In the last century,in order to centralize court hearings,Germany has adopted some reforms to simplify litigation procedures in respect of the evidence preservation system,and reform measures to increase the parties’ chances of confrontation are worthy of our reference.Japan mainly uses its high-tech advantages in electronic data security to establish an electronic authentication system,which gives technology companies the power to retrieve,restore,and maintain electronic data.There is no evidence preservation system in the common law system.It mainly uses admissibility rules and evidence discovery rules.Its function is similar to that of the evidence preservation system.The United States has added computer science to trial science to resolve technical issues in electronic data preservation for courts and juries.Canada established an electronic data discovery company to provide parties and judges with electronic data retrieval,recovery,and security services.Finally,in combination with the current status and background of China’s legislation,this article proposes a perfect path for China’s electronic data security system.First of all,this article believes that the first thing to be clear in electronic data preservation is the function of the evidence preservation system.The function of the evidence preservation system determines the procedures and methods of the evidence preservation system.Secondly,we must improve the electronic data security procedures,mainly to improve their startup procedures and implementation procedures.Then,in view of the weakness of the court’s technology in electronic data preservation in practice,it proposes to strengthen the technical support for court preservation and build a unified electronic data preservation cloud platform.Finally,this article considers that court preservation is an important part of electronic data preservation,but not all of electronic data preservation.If you want to play the evidence function of electronic data,you also need to make use of notaries,third-party platforms,and network service providers.Electronic data security function of the subject.