On The Improvement Of Civil Electronic Data Recognition Rules

With the popularization of various digital devices,smart devices,Internet applications,various civil and commercial transactions and increasingly active,people in the process of conflicts of interest and economic disputes are more and more frequent,since electronic data is listed as legal evidence and in the legal awareness of today’s strengthening,people in order to prevent disputes and litigation risks,will be customary to save the transaction process generated in the In order to prevent disputes and litigation risks,people will habitually save the data information generated during the transaction,such as pictures,audio and video,to prove the facts and rights they claim.However,in the litigation process,the judge’s degree of admissibility of electronic data is very unpromising,and China’s current rules on the identification of electronic data is not perfect,mostly relying on the judge’s "free mental evidence",the rules of electronic data is mostly biased toward the authenticity of the identification,but ignored the overall system of identification rules.Therefore,in order to build a fair and just litigation environment,it is necessary for China to accelerate the development of electronic data rules to improve the measures.In order to achieve the effect of guiding judicial practice,improve the goal of electronic data identification rules.The concept,characteristics and unique nature features of electronic data are studied,and the content and significance of electronic data identification are analyzed from the theoretical level,and then the actual problems reflected in the judicial cases are found by looking up and summarizing the current status of electronic data legislation and finding the current electronic data identification rules in terms of authenticity,admissibility,and provability.From the perspective of electronic data authenticity analysis of the current legislation,the judicial existence of electronic data originals and the original carrier concept of confusion,the form of true identification tends to documentary,the lack of substantive true identification rules,notary rules lack of unified norms of the problem.From the perspective of electronic data admissibility determination,the current legislation lacks individual electronic data legality determination rules,single direction of legality review and lack of relevance review.From the perspective of the determination of the probative power of electronic data,we analyze the lack of unified standards for the determination of the probative power of China’s legislation,the lack of integrity determination and reliability determination.In view of the problems in various aspects,we refer to the relevant foreign legal provisions and put forward ideas to improve the existing provisions in China.In terms of authenticity,we propose to clarify the criteria for determining formal originals,introduce technical means to assist in determining formal authenticity,construct rules for direct and indirect determination,and standardize the system of notary institutions.In terms of admissibility,it is proposed to construct dual review rules for normality and legitimacy,broaden the direction of legality review,and construct review rules for relevance.In terms of the strength of proof,it is proposed to develop criteria for the examination and determination of the strength of proof,construct a system for the determination of completeness,and clarify the angle of reliability examination.