Study On The Examination Rules And Acceptance Standards Of Electronic Data In Civil Litigation

With the popularization of intelligent electronic devices,the forms of electronic data are becoming more and more abundant,and the submission of it as evidence is becoming more and more common,so its review and acceptance are crucial in civil proceedings.Due to technological dependency,tampering with ease,systematic of electronic data,the review and judgement of its evidence ability and probative force are different from traditional evidence.But at present,there is no perfect and operable regulation on the review and judgment of electronic data in our country.Analyzing the present situation of legislation and the review difficulties and acceptance problems in the judicial practice,the study has shown that there are some problems in our country,such as the lack of specific and clear examination rules for authenticity,relevance and legitimacy of electronic data,and lack of acceptance standard for integrity and reliability.At the same time,there is a lag in the provision of technical assistance measures in the process of the review and acceptance.Drawing on the experience of foreign advanced legislation and according to the development status and trend of China in it,the study proposes to construct electronic data review rules and acceptance standards in civil litigation in China,including establishing a multi-level normative system,constructing electronic data illegal evidence exclusion rule,interest equity rule,the best evidence rule,the subject consistency rule and the carrier relevance rule.These rules can guide the judge to examine the electronic data evidence ability.Construct a more perfect standard of acceptance to judge its probative power.The unification of legal norms and flexible norms can be implemented by establishing macro-level standards and issuing guiding cases,so that judges can better exercise their discretionary power of probative judgment.In view of the common electronic data in judicial practice,including mobile phone messages,online chat records,emails,social software information,webpage information and live video information etc.,different types of electronic data review rules and acceptance standards are constructed to help judges judge,so as to improve trial quality and efficiency.