Research On The Obligation System Of Civil Procedure Electronic Data

With the rapid development of Internet and broad application of Information technology,digital divide is a unique product in this era.Digital divide,a gap of information and knowledge between the rich and the poor in different regions and industries,appears in the process of information globalization and digitization,Meanwhile,The vast amount of information in the Internet age also determines that most evidence in litigation is presented or preserved in the form of electronic data.The special social phenomenon in the electronic information age has been projected into the judicial field,which also has a significant impact on the civil procedure,especially the field of evidence law.It has caused difficulties to the proof of the parties and formed the phenomenon of asymmetry of evidence of electronic data.First of all,the introduction is introduced by two judicial cases involving applications for electronic data in different periods,although both involved in the sanction of breach of the obligation to submit electronic data,there is no direct application of the law for the former,Instead Article 48 of the new provisions take effect in 2020 provides the latter legitimacy and rationality.The third case involving electronic data retrieval suggests that the electronic data submission system may involve issues such as the need to retrieve from a third party,value selection,and lack of rights relief.electronic data submission system in China has established.It has certain positive significance,but the specific regulations still need to be improved.The introduction mainly introduces two cases in different times and the analysis of the legal consequences of two cases in different periods of law application,and then introduces the research background on the thesis and summarize experience from domestic and foreign legislation.The first chapter discusses the phenomenon of evidence bias in electronic data from the perspective of the "digital divide" in the information age.This is a unique phenomenon under the combination of modern litigation and Internet litigation.Tracing back to the source,the main reasons are the development of information technology and the development of electronic data.The intangibility,the concentration of the main body and the professionalism of forensic technology.The second chapter analyzes the legal provisions of the obligation to submit electronic data,and summarizes the main scope of the obligation,the scope of the object,and the basic content of the sanction.From the perspective of the internal value and the external value,the obligation to submit electronic data guarantees procedural fairness with the principle of equality of arms,the collaborative mode guarantees procedural benefits,the discovery of the truth of the case guarantees the fairness of the entity,and the revision of the burden of proof to ensure that the procedure is maintained.The third chapter introduces the foreign experience on the problem of asymmetry of electronic data.And detailed analyzes the E-discovery in America,and the obligation to submit document filing system in Germany,Japan,and Chinese Taiwan,including the subject,the applicable scope and the breach of the articles.The fourth chapter is an analysis of the dilemma of the obligation to submit electronic data,because the system was created by judicial interpretation at a low level of effectiveness,and does not correspond to the upper law in the evidence collection legal system.The scope of the main body is relatively narrow,and the third party is not included in the subject.The subject of the application,therefore,lacks sanctions against third parties.Regarding the establishment of the rights and obligations of the respondent,there is also a lack of specific assistance obligations and the right to refuse submission.Aiming at the difficulties of the obligation to submit electronic data in China mentioned above,The fifth chapter puts forward improvement measures one by one,First of all,increase the provisions of the upper law to the system,improve the legal effect,and include the third party as the subject of the respondent to expand the scope of its subject.At the same time,it corresponds to the legal consequences of the third party’s breach of the obligation to submit.In terms of the rights and obligations of the respondent,The respondent is required to undertake specific assistance obligations,and is given the right to refuse.