Research On The Electronic Data Disclosure System In Civil Litigation

Electronic data discovery in civil litigation,as a pre-trial preparation procedure to clarify the focus of disputes and to securely preserve electronic data evidence,requires the parties to display or exchange the electronic data associated with the case that they own and intend to use in court trials.The purpose of setting up the civil electronic data disclosure is to avoid litigation raids and unequal defensive methods for the parties to attack,to ensure the next trial runs smoothly,to improve the efficiency of litigation,and to promote the pretrial reconciliation of both parties.From the perspective of my country's civil litigation legislation,the current operation of the electronic data disclosure system is carried out in accordance with the evidence exchange system.Set up special and targeted legal provisions for electronic data disclosure procedure,clarify specific procedural matters and configure complete supporting measures not only to regulate the application of judicial powers and ensure the substantiveness of court trials,but also to protect the parties rights to participate in the procedure and safeguards the fairness and justice of litigation.The evidence exchange system in our country did not receive the attention of the court in the pretrial stage,which led to the value of the system has not fully utilized,resulting in low litigation efficiency and unable to guarantee the substantiveness of the court trial.Compared with ordinary evidence such as other documentary evidence and physical evidence,electronic data has the characteristics of high-tech,easy to tamper with,technological dependence and fragility.The rigid application of evidence exchange regimes fails to take into account the special nature of electronic data.First of all,the evidence exchange system for electronic data lacks normative guidance in the scope of application,applicable objects and methods,and implementation consequences.This leads to a serious tendency of electronic data disclosure to be documented in practice,and the parties bear higher litigation costs.Secondly,the lack of supporting measures for electronic data disclosure makes the system unable to be truly implemented,and may even cause the loss of electronic data.In practice,the exchange of evidence for electronic data is often organized by judges according to their discretion.In order to improve the electronic data disclosure of civil litigation in my country,the matters of electronic data disclosure must be specified and clarified.Clarify that electronic data disclosure is applicable to cases where the focus of the dispute needs to be summarized in the first-instance proceedings.The electronic data disclosed must be relevant to the case.The electronic data discovery procedure should be presided over by the judge's assistant to participate in both parties.Of course,it is necessary to build an auxiliary system that matches the electronic data disclosure procedures,set severe sanctions for electronic data disclosure,and improve the electronic data collection system and implement the limitation of proof.Respect the parties' right to dispose of,and reasonably connect the electronic data disclosure procedures and the subsequent court hearing procedures.