Research On Electronic Data Authenticationin Civil Procedure

The 2012 revision of the civil procedure puts an end to the awkward question of whether and what kind of legal evidence electronic data can be used as.But it is difficult to apply the authentication rules of traditional evidence because the electronic data is easy to delete,modify and copy.In the judicial practice of civil procedure,the standards of electronic data authentication are different in the local courts.Based on the use of electronic data in civil cases from 2012 to 2016 in Zhejiang Province,this paper probes into the problems and causes existing in the current electronic data authentication,in order to standardize China’s civil proceedings in electronic data authentication to improve the proposal.The first part based on the use of electronic data in civil cases in Zhejiang Province from 2012 to 2016,the author makes statistical analysis from the following four aspects: the cause of the case,the number of types,the mode of presentation and the results of certification,mining the problems in the process of electronic data authentication.The main problems include the inconsistency of the authentication standard of electronic data,the lack of legitimacy judgment,the over-simple authentication reason and the over-reliance on notarization.The second part to find the reasons for the differences in the authentication of electronic data in civil proceedings.On the one hand,in the legal,judicial interpretation level in a longer period of time on the lack of electronic data authentication standards in principle.On the other hand,electronic data is a product derived from the development of science and technology,the original of which is disputed in theory,which makes it difficult to judge the authenticity of electronic data,and the legitimacy of electronic data is easily challenged because of its concealment.The third part is the introduction and analysis of the electronic data provisions of the Supreme People’s Court on evidence in civil proceedings,which was promulgated in December 2019.This regulation is the modification and improvement of the evidence regulation implemented in 2002.One of the highlights is that the factors considered in the submission and authenticity judgment of electronic data are made clear,which makes up for the previous legal gaps and has guiding significance.However,there are still some practical problems such as unclear concept of original and original carrier,lack of operability of authenticity judgment standard and so on.The fourth part puts forward some suggestions on how to improve the authentication of electronic data in civil action,mainly establishing the authentication standards of electronic data authenticity from two aspects: the formal and the substantive originals of electronic data,it also explores the allocation of the burden of proof to determine the authenticity of electronic data,and discusses the validity of electronic data from the subjects,methods and scope of electronic data collection.In addition,supplemented by the electronic data forensic work to improve the strengthening of electronic data authentication professional technical support.