民事电子数据的收集与保全制度研究-民事诉讼法专业毕业论文.docxVIP

PAGE PAGE 5 Abstract With the rapid development of electronic information technology and the wide application of computer network, international e-commerce trade are increasing frequent, more and more electronic data in todays lawsuit activity, is becoming a new form of litigation evidence. It is so, only on the study of electronic data related problems gradually to the attention of the theoretical circle and judicial circle in our country. In 2012, the civil procedure law the 63th new electronic data as a kind of independent type of evidence, has been clear about the electronic data in the form of legal position of the independent evidence in civil proceedings. However, due to the electronic data in the minds of the public has not yet formed a unified concept, electronic data collection and preservation of evidence collection procedures of related issues, the lack of a system of laws and regulations, as well as to the application of the electronic data is still in the judicial practice has brought many problems. In view of the characteristics of the electronic data is different from other traditional evidence, the evidence collection and preservation of traditional methods cannot meet the needs of practice, which makes the study of the electronic data collection and preservation and the trend of legislation has become urgent. In this paper, in reference to the domestic and foreign scholars on the study of electronic data, on the basis of trying to according to the characteristics of electronic data, how should the collection and preservation made in this paper, the related problem. In addition to the introduction, in this paper, three parts of civil electronic data collection and preservation of the system were studied. The first part, mainly discusses the basic theory of civil electronic data problems, as the later on the issue about civil electronic data collection and preservation. First of all countries on the concept of civil electronic data are analyzed an