Research On Electronic Data System In Civil Litigation

The electronic data system in civil litigation is a new field in the civil evidence system.In 2019,the Supreme People’s Court issued the decision on Amending the provisions on civil litigation evidence,which provides more detailed provisions on electronic data.The electronic data system of civil litigation promotes the integration of civil litigation and the era of big data,and also promotes the modernization of the field of civil litigation.Therefore,the research and improvement of the electronic data system of civil litigation can be more conducive to the development of practical trial work of civil litigation.If the electronic data system of civil litigation has its own defects,it will not only affect the parties’ cognition of electronic data,but also affect the judge’s judgment of the case result to a great extent,thus affecting the judicial justice.Therefore,to study and improve the electronic data system of civil litigation,we need to start from the system itself,combined with the party’s proof,cross examination and the judge’s authentication in practice,find out the shortcomings and problems in the existing civil electronic data system,learn from the mature experience of foreign countries,and then put forward some suggestions.The constant renovation and change of electronic data has brought many problems to both parties and judges.There are unprecedented challenges in the collection of evidence,proof,exchange and cross examination of the parties,as well as in the court authentication and authentication.The new judicial interpretation expands the legal scope of electronic data,recognizes the effect of undifferentiated copies,and establishes more detailed authenticity identification rules,which is a great progress of civil electronic data system.However,through the analysis of the empirical cases in the judicial document network,we can know that the collection process is not standardized,there is no legal procedure to follow,the scope of exchange is unclear,the form of evidence is misunderstood,the direction of cross examination is unclear,the way of preservation is backward,and the authentication opinion is distorted,which has affected the effectiveness of electronic data in the types of legal evidence.The reasons for these problems are as follows: firstly,the characteristics of electronic data are intangible and easy to be tampered with,and the parties do not have technical support,so there will be loopholes and irregular behavior in the collection of electronic data.Secondly,electronic data has been on the trial stage since2012,which is still a new type of evidence.With the acceleration of the process of socialinformatization,the types of electronic data show a more diversified and complex trend,which brings problems to the review of electronic data.Finally,the relevant supporting areas are not perfect,and there is no unified standard in notarization and appraisal,which makes the electronic data not play its due role.In the study of electronic data system,we should not only learn from the research results of relevant academic theories,but also analyze according to empirical cases.We can also refer to the norms of foreign mature electronic data system,and draw on the experience of excellent systems and measures.In the aspect of collection,while improving the collection procedure,we should pay attention to the boundary between the collection of electronic data and the protection of privacy.We can establish a professional third-party forensics organization to enhance the professionalism of forensics.In the aspect of exchange,we should improve the system of evidence disclosure,establish the mode of pre-trial evidence review,and clarify the content and scope of exchange.In the aspect of adducing evidence,we should properly consider the inversion of the burden of proof of the vulnerable party for electronic data evidence,standardize the principle of adducing evidence,and seek diversified ways of adducing evidence.In the aspect of cross examination,the rules of examination and judgment are proposed to solve the problem of electronic data association which is ignored in cross examination.In the aspect of authentication,the authentication rules of electronic data are refined,and the principles are transformed into practical program specifications.In the related supporting facilities,the introduction of expert assistants to solve the technical problems of electronic data collection and review,and the increase of third-party professional preservation institutions can reduce the technical burden for the parties and the court.The construction of the above measures is based on the analysis of the current situation and practice of China’s civil electronic data system,with reference to the Enlightenment of foreign electronic data research,hoping to make a little contribution to the research and improvement of China’s civil electronic data system.