Research On The Best Evidence Rules Of Electronic Data In Civil Litigation

With the advent of digital economy and the era of big data,electronic data,a new type of evidence that integrates law and technology,gradually occupies a quite important position in civil cases.The Civil Procedure Law clarifies its legal and independent evidence status from the legislative point of view.The promulgation of Several Regulations of the Supreme People’s Court on Evidence in Civil Procedure further clarifies the application rules of electronic data in legislation.The original connotation of the best evidence rules was mostly based on the original and the original.With the demand of social development,the court recognized the legal effect of the copy submitted by the party under certain circumstances.However,there are still problems in judicial practice and practical operation,such as the inconsistency of the electronic data decision making rules and the application of the best evidence rules.This article around the electronic data the best evidence rule research,comparative research status at home and abroad,based on the judicial practice,combining theory with practice,found the best evidence rule electronic data,justice,the theory of technical problems,and connecting with the development of China’s legislation and practice application and good experience of foreign system,put forward the proposal from the theoretical level and practical level.The first part of this paper describes the basic theory of the best evidence rules for electronic data,including the concept of electronic data,legislative orientation,certification rules and the basic connotation and application scope of the best evidence rules.The second part combs the difficulties of the best evidence rule of electronic data in the civil procedure of our country based on the relevant research and application of this issue in China’s current academic and judicial practice.From the perspective of theory,there are still some problems,such as misequating the original evidence rule with the best evidence rule,and mixing and applying various theories of original theory.From the judicial practice analysis,web search related cases in China,the written judgment,found many think the best evidence rule domestic cases is generally greater than that of original evidence from evidence,notarization generally greater than that of other documentary evidence for judgment standard,thinks that the electronic data cannot prove whether it is original,is easy to tamper with,notarization,etc will not be believed,because that of weakening electronic data;Analyzing from the technical level,due to the lack of professional knowledge of information technology among judicial personnel,low recognition of the authenticity of electronic data in China and the lack of legal identification status of third-party platforms,there are some difficulties in obtaining evidence and preserving electronic data at present.The third part analyzes how the common law system represented by the United Kingdom,the United States and Canada and the civil law system countries represented by Germany and France deal with the best evidence rules of electronic data,and expounds the reference significance to our country.In the fourth part,relevant viewpoints and suggestions are put forward in view of the above dilemma.From the theoretical level,it is suggested that the original evidence rule is not equal to the best evidence rule,and that the electronic data should adopt the "original carrier theory" uniformly.From the judicial level,it is suggested to clarify the identification rules of the evidential power of electronic data and improve the identification procedures of electronic data.From the technical level,it is suggested to recognize the status of the third-party electronic data security platform and promote the blockchain technology.