Research On The Electronic Evidence Preservation System Of Civil Litigation In China

As early as 2012,the civil procedure law was amended to establish electronic evidence as a legal evidence,but it is a pity that there is a lack of attention to the electronic evidence preservation system.Some judicial interpretations issued by the supreme people’s court and the supreme people’s procuratorate also focus on the use and identification of electronic evidence.With the rapid development of computer information technology,for the parties involved in civil disputes,the proper preservation of electronic evidence can clarify the facts of the case for the parties in the most efficient way.However,strict attitude must be maintained for the preservation of electronic evidence,and there are many problems worth studying in the specific operation process,because the party applying for preservation usually applies for the preservation of the evidence held by the other party,and the storage method and operation requirements of electronic evidence are different from those of traditional evidence preservation.In addition,electronic evidence preservation has high technical requirements,which can not be realized simply by data export,and often requires specialized technical personnel to carry out electronic evidence identification,transfer,recovery and other technical processing.Once the storage medium carrying the electronic data is damaged or the operation error causes the data to be unable to read or even to be damaged directly,it will have a great impact on the parties and the whole litigation process of the case.Due to the particularity of electronic evidence,there are many differences between the preservation of electronic evidence and the preservation of traditional evidence.Although electronic evidence preservation does not break away from the big concept of evidence preservation and there is no problem in applying part of the traditional evidence preservation rules,it cannot ignore some particularity of electronic evidence itself.If the simple method is directly applied to traditional evidence preservation,it is difficult to achieve the ideal preservation effect.Therefore,it is of great significance to perfect the electronic evidence preservation system.In understanding some of the scholars on electronic evidence preservation system on thebasis of research results,some of our existing laws and regulations,etc,combining the present status of electronic evidence preservation in the judicial practice in our country,analyzes the electronic evidence preservation there is narrow,such problems as lack of unified standard,preservation methods are too single.Then analyze the reasons for the need to improve the electronic evidence preservation system,and appropriately draw on the practices of some countries with mature and experienced systems.On this basis,we propose to improve the electronic evidence preservation system from the perspective of standardizing procedures,expanding the preservation subject,and improving the preservation method.