The Applied Analysis Of The Third Party To Preserve Electronic Date

With the development of electronic information technology, the Internet has been inextricably linked with us. Electronic information products, such as E-commerce, Internet financial, social networking, network ecosystem has brought about great convenience. But it also produces a large number of new problems, especially in the lawsuit. The judges have to identify the complicated electronic date. At the same time, they also have to promote the proceedings efficiently.As an independent type of evidence based on electronic information technology, Electronic data plays an important role in the new age. But the application of electronic data has its own defects. On one hand, electronic data has many disadvantages, for instance, difficult to fix but easy to damage; On the other hand, applying for evidence preservation is tedious and passive.Because of the defects, the preservation of electronic data can not meet the requirements at present.An electronic data curing system which is efficient and convenient, safe and reliable should come into being. It is satisfied with the requirements on account of the assurance of authenticity,legitimacy, relevance. Thus, the third-party of preservation of electronic data arises at the moment. Meanwhile, it has been applied to the judicial practice. This paper is going to compare the difference between the traditional preservation of electronic data and the third-party preservation of electronic data, analyze the feasibility of evidence preservation and discuss the characteristics and principles of the third party of preservation of electronic data.And based on the practical application of this kind of platform, some suggestions have been put forward.Except the preface and conclusion, this paper consists of four chapters:Chapter one is the connotation and value of the third-party preservation of electronic data from the environment of preservation of electronic data and disadvantages of traditional preservation of electronic data.Chapter two is the feasibility of the third-party preservation of electronic date from three angles including subject, time and the jurisdiction.On the subject, the third-party has been brought in; On the time, it analyzes two periods of time involved in before the litigation and during the litigation. On the jurisdiction, it discusses the feasibility of the third-party preservation spanned district.Chapter three is the characteristics of the third-party preservation of electronic date. The diversified subject, technicality,convenient and efficient preservation are to be covered.Chapter four is the principles of the third-party preservation of electronic date.It includes timeliness, neutrality, legality, confidentiality, comprehensiveness.Chapter five is the practical difficulties and improvement of he third-party preservation of electronic date.The difficulties lies in the identification of litigant and the authenticity of preservation objects. And at the same time, the suggestions have been stretched from the guarantee of legal system in order to combining with professional technique and judicial practice.