Research On The Review And Judgment Of Electronic Data In Civil Litigatio

In the information age,electronic data appears frequently in people’s vision and is widely used in civil litigation.Provisions on Evidence in Civil Procedure,which came into force in 2020,have made more detailed provisions on electronic data.With the application of blockchain timestamp and other technical means in judicial practice,the difficulty of electronic data review and judgment is gradually increasing.The combination of static normative system and dynamic judicial practice can better explore the reality of electronic data review and judgment,so the study of electronic data review and judgment is carried out from two levels of legislation and justice.This paper is divided into four parts:The first part is the theoretical basis of civil procedure electronic data review and judgment.Firstly,different scholars’ views on the concept of electronic data and the relationship between electronic data and electronic evidence are sorted out and analyzed.The author believes that electronic data and electronic evidence have the same concept and should be explained in a general way.Electronic data is all data formed by modern information technology or electronic equipment.Secondly,the recognition of electronic data as the type of legal evidence can provide theoretical support for practice,ensure the correct application of electronic data and keep in line with the international legislative trend.Finally,the legitimacy,authenticity and relevance of the electronic data are analyzed.The second part is the legislative status of electronic data review judgment in civil proceedings.First of all,the legislation of electronic data review and judgment in civil proceedings in our country is analyzed from two aspects of law and judicial interpretation,and it is concluded that the legislation of electronic data review and judgment in our country is scattered and the content is not detailed enough.Secondly,the representative countries of common law system and civil law system are selected to analyze the relevant legislation of electronic data review judgment.Finally,summarize the prominent problems in the legislation of the legality,authenticity and relevance of the electronic data of civil litigation.The third part is the judicial application of electronic data review judgment in civil litigation.This paper sorts out,induces and analyzes the case from four aspects: the type of evidence,the way of presenting the electronic data,the reasons for the judge to accept the electronic data,and the reasons for not accepting the electronic data.It concludes that there are some problems in the legality of the electronic data review judgment,such as overemphasizing the formal legality and not paying enough attention to the legality of the procedure.Authenticity review and judgment have the problems that the authenticity of the electronic data obtained by the parties themselves is difficult to be recognized and the position of the subject of review and judgment is not objective.In the aspect of relevance,the rules of relevance review and judgment are not clear and the discretion of the judge is not limited.The fourth part is the suggestion to perfect the electronic data review judgment of civil litigation.First of all,review and judge the legality of electronic data.It is suggested to apply the principle of comprehensive acceptance and make clear the rule of exclusionary illegal evidence.Secondly,review and judge the authenticity of electronic data,and put forward some suggestions on the principle of allowing limited damage,following the principle of non-discrimination and introducing the expert assistant system of electronic data in civil litigation.Finally,the paper puts forward some suggestions to clarify the meaning of the relevance of electronic data and to construct the rules of the relevance of electronic data.