Research On Identification Of Evidence Power Of Electronic Data Stored By Third Party

Has long been the people’s court and the notarization platform is the main organ preservation of evidence in our country,with the development of information technology in recent years,this traditional evidence preservation mode in the face of the electronic data exposed to too much short board,such as low efficiency,high cost,process trival,etc.,under the background of the third party electronic data storage platform arises at the historic moment.But in existing rulings,judges have been either silent or vague about whether third-party electronic data storage is evidentiary.This is because up to now,the third-party electronic data storage platform has not been legally granted the qualification of evidence storage,and the existing provisions on the identification of the evidence power of the third-party electronic data storage are too general and scattered,lacking effective operation procedures and clear legal standards.Article 94 of Several Provisions of the Supreme People’s Court on Evidence in Civil Procedure(updated in 2019)only provides for the people’s court to determine the authenticity of electronic data stored by a third party,but does not specify how to confirm its evidential power.The third-party storage of electronic data shows a situation where legislation lags behind practice.In addition to the introduction and conclusion,this paper is divided into five parts:Part one: definition of the evidence power of electronic data stored by the third party.Firstly,the definition of third-party storage of electronic data is described.Secondly,the feasibility of third-party electronic data storage and the different types of third-party electronic data storage technology are analyzed.Finally,the definition and value of the identification of evidence power of electronic data stored by the third party are expounded.Part two: the status quo of the identification of the evidentiary force of the electronic data stored by the third party.It is found that most of the existing laws,regulations and judicial interpretations on the identification of the evidentiary force of the electronic data stored by the third party in China only provide the identification standards and circumstances of authenticity and legality in general,but hardly mention the relevance.Through the analysis of the judicial status of the electronic data stored by the third party through the collection of 100 cases,the SPSS chart shows that the parties’ doubts about the evidentiary power of the third party electronic data focus on the authenticity,legality and relevance.The third part: the difficulty of identifying the evidence power of the electronic data stored by the third party.Through the analysis of sample cases,it is found that the factors affecting the authenticity determination of the electronic data stored by the third party include the difficulty in identifying whether the stored data belongs to the original evidence,the cleanliness of the storage environment affecting the authenticity determination,the neutrality of the third party storage platform being questioned,etc.The factors that affect the legitimacy of the electronic data stored by the third party include whether the storage platform has the legal preservation qualification and whether the stored electronic data may infringe personal privacy.In the correlation analysis,it is found that the factors affecting the identification of the correlation of electronic data stored by the third party include content correlation and carrier correlation.Part four: extraterritorial legal regulations and enlightenment for the identification of evidence power of electronic data stored by the third party.This paper investigates the legislation status quo and identification rules of electronic data stored by third party in common law and civil law countries respectively.Then,it summarizes the enlightenment of the research experience of foreign electronic data authentication rules to China’s construction of the certification rules of third-party stored electronic data.China should expand the scope of "original" and strengthen supervision while granting third-party storage platform legal storage status.The fifth part: to improve the identification of the evidence power of electronic data stored by the third party.This part aims at the above predicament and combines the judicial status and overseas enlightenment to explore the identification approach of electronic data evidence force suitable for third-party storage in China.The way to identify authenticity:first,adhere to the "theory of imitation original",that is,broaden the scope of "original" according to the above extraterritorial revelation;Second,the electronic data storage environment is further verified by backtracking,and whether the storage environment is clean or not is determined by backtracking the environment when the electronic data is stored,so as to judge whether the authenticity is affected;Third,third-party electronic data storage will be incorporated into the construction of smart courts to enhance their neutrality.Legal identification approaches: First,the third party storage platform will be included in the scope of electronic data statutory storage,through legislation to give the third party storage platform legal storage status;Second,establish qualification standards for third-party storage platforms to prevent personal information leakage.Association identification approach: the first stored procedure establishes an identity relationship with the party concerned;Second,strictly implement the national time center time source;Finally,it proposes that the judicial administrative organs should supervise the third-party storage platform.