Research On Electronic Evidence Authentication In Civil Litigation

Electronic evidence authentication in civil litigation is an important way for parties to assign obligations and assume responsibilities.It usually means that judges confirm their probative ability and probative force after reviewing and judging the electronic evidence provided by both parties in the civil trial,or the electronic evidence collected by the people’s court.However,from the perspective of the current legislation of electronic evidence authentication in civil litigation and judicial practice,it does not have the detailed provisions in the current legislation of it,nor has certain operability,and lacks the specific provisions of the authentication of relevance,legality and authenticity of electronic evidence.From the perspective of civil judicial practice,the admissibility rate of electronic evidence in civil litigation is low,and the quality of admissibility is not high.There are inconsistent identification standards for original and duplicate of electronic evidence,excessive requirements for the legality of electronic evidence forms,and difficulty in identifying the relevance of electronic evidence carriers,and the irregularity of evidence collection procedures.The reason for these is mainly due to the particularity of electronic evidence itself,such as intangibility,the easy tampering nature,and high technology,which has caused certain difficulties for judges to authenticate electronic evidence.It can be seen that in the era of big data,the research on it is of certain importance in both theoretical and practical senses.Therefore,in terms of the legislative issue of electronic evidence authentication in civil litigation,it is necessary to combine the particularity of electronic evidence and set up authentication rules that conform to the characteristics of electronic evidence on the basis of the existing authentication rules of authenticity,relevance and legality.In this way,it will promote the development of the judge’s authentication of electronic evidence,thereby improving the admissibility of electronic evidence in civil litigation.In terms of the judicial issues of electronic evidence authentication work,it is also necessary to continuously improve the supporting measures for electronic evidence authentication,and integrate advanced scientific and technological means in practice with judicial work,so as to help judges authenticate electronic evidence more fully.