| With the consistent progress of network information technology and the ongoing transformation in social life patterns,people’s work and life have gradually shifted from "offline" to "online",as well as the "information trend" has made the status of electronic data in the field of civil litigation important significantly.Since the form and content of electronic data are different from traditional evidence,which not only brings convenience,but also puts forward new challenges and research directions.Electronic data was included in the statutory evidence type in 2012,and the latest revision of the "Several Rules on Evidence in Civil Procedure" ameliorated the relevant provisions on electronic data and modified them with guiding significance.However,from the specific situation of judicial practice cases,there are still several certain blank areas and contradictions and disputes on the practice in the current electronic data certification rules which should be resolved.The paper’s first part focuses on the classic cases involving electronic data in civil litigation,combining with the characteristics of electronic data,then summarizes the dilemmas and disputes that exist in electronic data authentication rules in current judicial practice.The paper’s following paragraphs basically explains the legislative process and basic issues of electronic data,and on the basis of grasping the characteristics of electronic data,analyzes the authenticity,legality and relevance certification rules of electronic data,making the preparation for future researches.The paper’s next part makes an assay of the current situation of electronic data justice,analyzes and summarizes the electronic data authentication situation according to the judgment documents from May 1,2020 to February 1,2022,and combines the charts and pictures,show the application and problems of electronic data authentication rules visibly.On the basis of the specific problems raised above,the latest part of this paper analyzes and seeing the problems from the view of comparative law,refers to the rules and supporting systems of extraterritorial electronic data,then puts forward several relevant proposals in order to make little contribution on the complement of Chinese electronic data certification rules in combination with the specific conditions of China. |
