Research On The Identification Rules Of Electronic Data In Civil Litigation

With the social development,economic prosperity and deepening of the reform of judicial system,electronic-data has sprung up like mushrooms in the civil procedure,however,the legislation of the emerging endlessly electronic-data is so lagging and deficient that different judgements appear in the same case and the identification process of electronic-data is described briefly in a few words,which goes against the explanation and interpretation of judicial documents and leads to the loss of judicial credibility,the waste of judicial resources as well as the increase of litigation costs.What's more,it may stimulate contradictions between people and judicial organs.The age of paperless evidence will finally come along with the promotion of the comprehensive deepening reform and the sustainable development of science and technology.Studying the identification rules of the electronic-data in civil litigation is of great urgency.In addition,Completing and perfecting the system of the rules of civil electronic-data identification is of great significance.This dissertation is divided into four chapters.The introduction part includes background of the research,significance of the research,methods of the research,review of the research and innovation and shortcomings of the research.The first chapter is mainly about the current situation and existing problems of judicial identification of civil electronic-data.To begin with,three typical cases are presented and analyzed,after which I select cases in the year of 2018,2019 and 2020from the “Chinese judgement documents website” and the law court which I work in.I randomly chose 100 cases each year and carry out a overall analysis of these cases,from which I conclude the dilemma of the identification of civil electronic-data in our country.The second chapter introduces the identification standard and application of cival electronic-data,including the identification standard of admissibility as well as proving ability of evidence,in addition,the judical identification of several typical electronic-data in the civil action is presented and introduced.The third chapter gives an introduction of the identification of civil electronic-data in foreign countries,which respectively introduces the rules of the identification of electronic-data in common law countries and civil law countries.Several countries which has advanced legislation of the electronic-data are selected for reference.I chose England,America and Canada from the common law countries and France,Germany and Japan from the civil law countries and then respectively introduce the legislation and rules of the identification of electronic-data in these countries.The fourth chapter is mainly about Completing and perfecting the system of the rules of civil electronic-data identification in our country.I combine the analysis of the 300 cases in the recent 3 years with the current dilemma of the identification of civil electronic-data,through which I propose several suggestions of improvement of the rules of the civil electronic-data's identification.Firstly,drawing lessons from foreign experience to improve the rules of electronic-data identification.Secondly,referring to the examination method of traditional evidence to standardize the identification process of electronic-data.Thirdly,restructure the identification mode of electronic-data categorization based on judicial practice.Last but not the least,utilizing the emerging technologies to establish the auxiliary identification mechanism of electronic-data.I expect to bring forth several new ideas to improve the system of the rules of the identification of civil electronic-data in our coutry.