A Study On The Judicial Admissibility Rules Of Electronic Evidence In Civil Litigation

In the case of extensive application of electronic evidence,there is no uniform and formal rules and procedures for the acceptance of electronic evidence in China’s civil litigation legal system.The judicial judges have a lot of discretion on this issue,and the acceptance of electronic evidence by judicial personnel presents a low quality situation.The current judicial situation,judicial judges for the uncertainty of new technology,the majority of electronic evidence will be converted to notarization,notarized "documentary evidence" is an important standard to identify electronic evidence,so the pressure of litigation will be transformed into the pressure to obtain electronic evidence notarization documents,which is obviously divorced from the trial centered theoretical system.In the face of the judicial acceptance of electronic evidence in civil procedure,this paper focuses on three aspects:The first part is about the analysis and Research on the rules of judicial acceptance of electronic evidence in the judgment of civil procedure.Specifically,it analyzes the results of judicial acceptance of electronic evidence and the legal norms and procedures on which it is based,and summarizes the problems.The analysis of the judgment results of electronic evidence’s judicial acceptance includes the analysis of the reasons for electronic evidence’s acceptance,the analysis of the reasons for electronic evidence’s non acceptance,the analysis of the conclusion of acceptance and the analysis of the legislation based on the applicable legal provisions.The second part studies the related concepts of electronic evidence and electronic data,the theory of the original electronic evidence in civil litigation,the necessity analysis and notarization necessity analysis of establishing the rules of judicial acceptance of electronic evidence in civillitigation,the standards of the rules of judicial acceptance of electronic evidence in civil litigation,the best rules and authenticity assurance of judicial acceptance of electronic evidence in civil litigation Comparison of background and procedures.The third part,through analyzing and summarizing the related problems and theories of electronic evidence in civil litigation at home and abroad,and analyzing the reasonable factors that can be used for reference and improve the legislation,on the basis of analyzing the problems,puts forward the viewpoint of improving the judicial acceptance rules of electronic evidence in civil litigation with Chinese characteristics.