Research On Electronic Evidence Preservation In Civil Litigation

The rapid development of modern information technology and mobile Internet technology,especially the frequent replacement of smart phones,people have become accustomed to "digital survival",through smart phones and tablets,people can send and receive email,get information,watch news and so on.At the same time,illegal and criminal activities related to electronic information are increasing and becoming more and more serious.Electronic evidence is becoming more and more important in civil litigation,and the reservation of electronic testimony is becoming more and more important.Although China incorporates electronic evidence into the type of evidence and stipulates the concept of electronic evidence in the law,but at present,China's electronic evidence system only has the concept of electronic evidence is clear,in addition,there is no distinct regulation on the issue of electronic evidence preservation,so electronic evidence preservation needs to apply the relevant provisions of traditional evidence preservation,however because of the characteristics of electronic evidence itself,continue to use the relevant provisions of the traditional evidence preservation will not be able to save the effect of electronic evidence.Therefore,it is very necessary to establish a systematic system of electronic evidence preservation.This paper discusses the definition of electronic evidence and electronic evidence preservation,the provisions on extraterritorial electronic evidence,the current legislative status and practice status of electronic evidence in China,etc.,and then puts forward the initiative to improve electronic evidence preservation.