Research On Probative Of Electronic Data In Civil Litigation

According to the legislation of other countries or international organizations,connected with China’s existing legal provisions for electronic data and the research achievements of scholars in our country.The size of the authenticity of electronic data,whether the system of electronic data generation and existence is reliable,whether the data has been deleted or altered,whether the data has maintained its integrity,and how relevant the electronic data itself is to the facts to be verified are the standards for evaluating and distinguishing the probative force of electronic data.The legislative status of probative force of electronic data in civil litigation in China is as follows: there are few legal provisions about probative force of electronic data,most of them are indirect provisions,and few direct provisions.In the practice of civil justice,the probative force of electronic data has not been given full play,but with the application of new technologies such as block chain to the field of evidence,the application of the probative force of electronic data has ushered in a new opportunity.The difficulties faced by probative force of electronic data in civil litigation in China include that it is easy to forge,the authenticity is difficult to determine,easy to tamper with integrity is difficult to guarantee,the size of relevance affect the judgement of the probative of electronic data,it is common for electronic data to be converted into documentary evidence,the evaluation standard is subjective and random,the judgment of the evidentiary power of electronic data depends on notarial documents,etc.At present,the causes of various problems of probative of electronic data in civil litigation in China are: the lack of uniform legal standards for the examination and determination of electronic data,the system of electronic data is not perfect,the technical standards for electronic data identification are not uniform,the technical strength of judicial organs are not insufficient,etc.To explore the way to reasonably use the electronic data proving force of civil litigation,we can start from the following aspects: on the one hand,we can try to ensure the realization of probative of electronic data through the improvement and perfection of the legal level,such as adding and improving the laws and judicial interpretation of electronic data,trying to make electronic data special legislation,clarifying the examination and application procedures of electronic data,and establishing a unified electronic data identification and judgment standard.On the other hand,by building an evidence platform dominated by the people’s court,strengthening the technical strength of the people’s court,and trying to integrateadvanced technologies such as block chain with electronic data,the new technology is utilized to optimize the probative force of electronic data.In addition,give play to the role of social forces is an effective way to the play of probative of electronic data,such as the unified standards for identification of electronic data,set up dedicated electronic data authentication institutions under the existing judicial authentication framework,giving play to the role of the people with specialized knowledge and correct use of notary organs and the role of the third party witness platform.