Research On Judicial Application Of Digital Data Preservation

The prototype of China's digital data preservation has appeared more than ten years ago,but as a social industry that specializes in forensics,certification,and certification of digital data in various fields,and has formed a relatively stable technical identity,it has not lasted long.The main function of digital data preservation is to preserve and verify digital data evidence through certain technical methods in civil judicial activities to ensure its objective authenticity.However,due to the complex technology and changeable development of digital data preservation itself,a complete set of systems has not yet been formed in legislation,which has led to many problems in practical application.Therefore,it is necessary to use empirical research methods,combined with the basic theory of evidence law,to comprehensively analyze the application of digital data preservation and legal recognition,in order to put forward specific and feasible solutions on the basis of accurately grasping the core problems.This article is divided into four parts:The first part is an introduction,which mainly discusses the research background,basic meaning and research and development status of digital data preservation.Due to the lack of unified specifications,digital data has different formulations in practice,and it has the characteristics of numerous technical solutions and frequent new technical solutions during the development process.It is necessary to describe the basic meaning of such things through the application of such descriptions.,At the same time sort out and summarize its current legislation and research status.The second part is the analysis of the cognitive dilemma and judicial application value of digital data preservation.Due to the existence of professional barriers,digital data preservation has not attracted the attention of theory and practice.Many legal workers will deliberately avoid the discussion of data preservation in the process of evidence,cross-examination,and trial,which affects the judgment of the objective authenticity of digital data evidence It is necessary to analyze its basic working principle and the effect of judicial certification to clarify its position in litigation.The third part is the credibility dilemma analysis of digital data preservation.This part uses empirical research and case analysis methods to organize,summarize and analyze the application of data preservation,evidence and court determination,andcombined with the judicial identification standards of digital data evidence,it is concluded that the current digital data preservation is in the main Problems with data sources and self-monitoring.The fourth part aims to summarize the above comprehensive analysis of digital data preservation and put forward suggestions on the construction of digital data preservation system in civil justice.The establishment of a system of systems includes clear legal positioning of digital data preservation and a due definition of "what is credible digital data preservation",with a view to providing a theoretical reference for future institutional regulation of digital data preservation.