Research On The Rules Of Electronic Data Authentication In Civil Litigation

Electronic data formally entered the "Civil Procedure Law" in 2012,and the 2015 "Interpretation of the Civil Procedure Law" further stipulated the meaning of electronic data.The "Civil Evidence Regulations" that came into effect on May 1,2020 further refined the scope of electronic data and made provisions for the authenticity of electronic data for the first time.The "Civil Evidence Regulations" pay attention to the impact of new information technology on civil trial work,and the supplementary regulations of electronic data are worthy of recognition in conforming to the times.However,the extreme and contradictory attitude towards electronic data in practice reflects that my country's current electronic data authentication rules are not yet perfect.Based on the basic theory of electronic data authentication rules in civil litigation,this paper conducts an empirical investigation of the current situation of electronic data operation in practice,and analyzes the authenticity,relevance and legality authentication problems of existing rules on this basis.From the perspective of comparative law,it makes pertinent investigation and reference to the corresponding systems of foreign countries,and finally puts forward feasible suggestions for improving my country's civil litigation electronic data authentication rules.In addition to the introduction and conclusion,the main body of this article is divided into four chapters for discussion:The first chapter is the theoretical explanation of the rules of electronic data authentication in civil litigation.By clarifying the concepts of electronic data,electronic evidence,and blockchain evidence,grasp the difference between electronic data evidence,and then explain the particularity of electronic data authentication rules.Analyze the function and value of electronic data authentication rules from the perspectives of procedural fairness,true discovery of cases,and advancement of the litigation process.The second chapter is the analysis of the practical dilemma of electronic data authentication rules.This chapter first sorts out the judgment documents involving electronic data and analyzes the problems with the rules.Combined with cases,it focuses on analyzing the "three-in-one" standard of electronic data authenticity authentication is relatively vague,electronic data carrier and content relevance authentication lags behind judicial practice,and the defects of electronic data legality authentication rules.The third chapter conducts a comparative study on the rules of electronic data authentication based on the problems found in the previous chapter.This chapter makes targeted extraterritorial reference based on the problems analyzed in the previous chapter.From the perspective of comparative law,it compares the corresponding measures outside the territories in a targeted and purposeful manner,and provides ideas and enlightenment for the improvement of my country's electronic data authentication rules.The fourth chapter is the idea of perfecting the rules of electronic data authentication.This chapter aims at the problems of my country's civil litigation electronic data authentication rules,based on the useful measures of foreign countries,and puts forward specific suggestions for improvement in combination with my country's local judicial status.First,standardize the authenticity certification standards of electronic data by clarifying the inference,presumption,and cognition standards of electronic data;at the same time,improve the certification of electronic data by verifying the authenticity of electronic data content.Second,optimize the relevance rules of electronic data by refining the relevance of electronic data media,time,and virtual addresses,and provide detailed explanations of normative terms that are disputed in practice;third,by improving the generation and extraction of electronic data The legality and the legality of electronic data content enrich the formal legality and substantive legality of electronic data;fourth,establish corresponding supporting measures by clarifying the value of artificial intelligence tools and regulating the use of blockchain technology.