Study On The Preservation Of Electronic Data Evidence

With the rapid development of Internet and information technology, e-commerce, e-government and paperless office have been continuously expanding. Electronic data has gradually revealed itself among the civil disputes generated by the rapid development of these fields, and been known as an important constituent part that cannot be neglected in the evidence system of China. In judicial practice, the settlement of many civil and commercial disputes has involved the application of electronic data, which has become an important evidence in the analysis and verification of case facts for litigation participants, such as judges and lawyers, etc. Based on the transformation of the litigation pattern of civil and commercial disputes towards the adversary system, the court generally won’t take the initiative to collect relevant evidence for case facts. Due to involved parties’limited capability in evidence collection that involves electronic data, they have no other way but to waive the relief of their legitimate rights and interests after the occurrence of disputes. Under this circumstance, evidence preservation system is the only channel for them to protect their legitimate rights and interests in litigation activities. At present, the electronic data evidence preservation system is not perfect in China. The research of questions in the preservation of electronic data in judicial practice and legislation is of great practical significance. Electronic data preservation has a great difference from traditional evidence preservation in the mode, scope, time, body and other technological aspects. And the difference and characteristic are just the value of exploring electronic data preservation system, reflecting the necessity and significance of electronic data evidence preservation. China in 2013 formally established the legal status of electronic data, ending years of status dispute of electronic data. But the problem resolved this time is limited to the legal status of electronic data and doesn’t involve collection, preservation and other issues. Application of electronic data in judicial practice needs to follow relevant procedures and regulations of traditional evidence preservation. Although electronic data preservation still belongs to the category of evidence preservation and is understandable to follow the preservation system of traditional evidence, based on the characteristics of electronic data, specific operations of traditional evidence preservation are certainly unable to meet the requirement of electronic data preservation, which is mainly reflected in unqualified staff professional and technical capacity of preservation body, incomplete matching of preservation approach and time with electronic data preservation requirement, immature technology of software and computer accessing and preserving electronic data information, the lack of industry system and standard and so on. Electronic data evidence preservation is the combination of the science and technology and law. To improve electronic data preservation system not only needs to increase the software and hardware research of accessing and preserving the evidence, make the process of accessing and preserving the evidence and establish guiding principle at the technical level, propose targeted solutions to the scope of evidence preservation body, staff professional and technical capacity and other specific issues at the judicial level, but also establish normative protection of criteria of preservation condition, authenticity, probative force and other legal systems for electronic data preservation at the legal level. Thus, in general, the electronic data evidence preservation system in China is not perfect. It is of practical significance to study on electronic data preservation issues encountered at judicial practice and legislative level at the time.