Rules And Improvement Of The Application Of Electronic Evidence

Evidence plays an extremely important role in civil litigation and is the basis for ascertaining the facts of the case and determining the case.In the context of the rapid development of information technology,the court has derived a new method of litigation,electronic litigation,by combining information technology with judicial trials.The emergence of electronic litigation has promoted a more convenient litigation method-mobile micro courts.The mobile micro court is supported by We Chat mini-programs,with the help of face recognition,electronic signatures,remote audio and other technical means to create a mobile electronic lawsuit handling platform that spans time,space,full process and deep interaction.As a new trial method,it will inevitably have an impact on traditional civil litigation principles and litigation procedures.At the same time,it also changes the traditional evidence submission,cross-examination and certification methods and presents new features and for This article will be carried out in four parts.The first part is the development of electronic evidence and the definition of concepts.From the construction of court information to the generation of mobile micro courts,the concept of electronic evidence is introduced and the four characteristics of electronic evidence are analyzed.The comparison of electronic evidence with electronic data and traditional evidence gradually proves that electronic evidence is a kind of concept.The electronic evidence still does not exceed the scope of the eight major types of evidence,but only the electronically processed evidence is called electronic.evidence.The second part is the elaboration of the rules for the use of electronic evidence.First of all,according to the relevant provisions of the Ningbo Mobile Micro Court Litigation Rules(Trial),it introduces the provisions of the mobile micro court evidence in the submission method and the review,cross-examination and original evidence.Electronic evidence in electronic litigation is bound to collide with traditional litigation principles.In the process of using electronic evidence,the direct speech principle and the best evidence rules have changed.The entire process of litigation is completed online,which has an impact on civil litigation from three aspects: the right to choose procedures,the falsification of cross-examination in court,and the value of fairness and efficiency of procedures.The third part mainly introduces the practical status and problems of the electronic evidence in the mobile micro court,and discusses from the authenticity of the evidence and the technical difficulties of the mobile micro court in the application of electronic evidence.In practice,the mobile micro court mainly uses evidences such as documentary evidence,physical evidence and witness testimony.The electronicization of documentary evidence,physical evidence and witness testimony can easily change the authenticity of the evidence.And the limitation of technology is also a difficult problem for the current application of electronic evidence.The fourth part focuses on the problems existing in the current rules for the use of electronic evidence,from the aspects of strengthening the principles of good faith and disciplinary measures,constructing the rules of proof of electronic evidence,reviewing certification rules,guaranteeing the parties’ right to choose procedures and improving technical means.,Put forward suggestions to improve the use of electronic evidence in electronic litigation.