Study On The Application Of Electronic Data In Civil Procedure

With the development of electronic information technology, electronic data has begun to appear in the judicial practice, It rapidly covers and plays a role in all kinds of lawsuit. In order to keep up with the trend, electronic data has brought in legal evidence types of The Civil Procedure Law in 2012. However, there are still many questions about the application of the electronic data including the collection of electronic data, the interchange of electronic data, and the identification of probative force. The judicial practice still use the traditional way to deal with the electronic data. Therefore, the author tries to make suggestions through analyzing the legislation and application of foreign electronic data.Except for the preface, this paper consists of four parts:First part mainly introduces the basic concepts of electronic data which foreshadowing the related to issues.The connotation of electronic data has been clear; then, the characteristics including high technology, dependence and easy to damage have been set forth.The second part introduces the extraterritorial legislation and application of electronic data, especially in the continental law countries. The concrete content includes measures taken by above countries and advanced practices in the application of Electronic data in order to provide reference for the application of our country’s electronic data.The third part mainly analyzes the reasons and issues existed in application of electronic data. The identification in collection of electronic data, interchange of electronic data and the probative force of electronic data has been set force on the first place. Then, the author analyses the reasons of the above problems.The forth part is the suggestion for improving the application of electronic data. First, the author proposes a set of complete legal system of Electronic data. Then, the author analyzes the problems of the electronic data collection, the electronic data interchange, and the probative force of electronic data. At last, the author puts forward the improving suggestions. For the problems of existing in the collection of electronic data, the author puts forward suggestions in following aspects: firstly, clear the principle of the electronic data collection; secondly, expand the collection subject; at last, clear the original copy. On the problem of interchanging the electronic data, the author clearly put forward the suggestions from the expanding the scope of electronic data interchange, clearing the form of electronic data interchange and improving related supporting system. When it comes to the problems about probative force of electronic data, the author claims that principles of electronic data should be adhered to and the integrity, relevance and reliability of probative force of electronic data should be clear.