Research On The Evidence Authentication Of Electronic Data In Civil Litigation

With the rapid development of China’s economy,the Internet industry is rising,and online communication is becoming more and more frequent.Electronic communication has become a new way of communication,and electronic data evidence emerges.With the rise of Internet court,network trial has become a new type of trial,and the main form of evidence in network trial is electronic evidence type,so electronic data evidence has become an important type of evidence in the new era.As early as 2012,electronic data evidence has become a public perspective,but it was not until 2012 that electronic data evidence was incorporated into the type of evidence by law amendment,which played an important role in the dispute resolution of the Internet.The emergence of electronic data evidence is in line with the development trend of information society.Compared with the traditional types of evidence,electronic data evidence plays a greater role in proving the facts of cases and solving more civil disputes.At the same time,the Supreme People’s court also adapts to the needs of judicial practice,and issues more judicial interpretations to solve disputes.For example,the interpretation of the Supreme People’s Court on the application of civil procedure law is to explain all the contents of the civil procedure law,and has issued several provisions of the Supreme People’s Court on evidence of civil litigation,which specifically explains the application of evidence,It is of great significance to the judicial practice.Because of the characteristics of electronic data evidence,the rules of authentication are different from traditional evidence,so it is necessary to further explore the issue of electronic data evidence certification in civil litigation.After consulting the case of electronic data evidence certification from the beginning of2020 to November 2020,we can understand that the evidence certification of electronic data needs to start with the evidence ability,that is,whether the evidence has authenticity,relevance and legitimacy,and if it is not in conformity,it will lose the evidential ability.It is because of the non-standard identification of electronic data evidence in practice,which leads to the damage of the fairness of the trial.Therefore,the discussion on the evidence certification of electronic data of civil litigation will be helpful to standardize the procedure of civil litigation trial,solve social contradictions and realize fairness and justice.The text of this paper consists of four partsThe first part: the overview of electronic data evidence authentication.This part is the introduction of the concept of this article.China has not yet a unified understanding of the definition of electronic data evidence.Therefore,after integrating the opinions of some scholars,the name and meaning of electronic data evidence are defined.At the same time,it expounds the unique basic characteristics of electronic data evidence and the particularity of the way to identify electronic data evidence,and also makes a difference from the traditional evidence type.The second part: the basis and practice of electronic data evidence authentication.This part starts with the legal basis of electronic data evidence,and clarifies the corresponding legal provisions in China.And the basic requirements of electronic data evidence are explored,and analyzed from the three aspects,which paves the way for the later study on the authentication of electronic data evidence.Meanwhile,the paper takes the establishment of Internet court and the case of electronic data evidence dispute transmitted by Chinese judges online in 2020 as an analysis sample to summarize the problems existing in the authentication of electronic data evidence.The third part: the problems of electronic data evidence authentication.This part will analyze from the perspective of authenticity,relevance and legitimacy,and combine with the actual cases in China’s referee network to explore the common problems of electronic data evidence authentication in practice,and try to solve the judicial problems in China.The fourth part: the thinking of improving the electronic data evidence authentication.This part will be aimed at the specific problems raised in the third part,and with reference to the excellent legislative and practical experience of foreign countries,the paper puts forward suggestions for the improvement of the electronic data evidence certification in China.