The Trend and Countermeasures of E-discovery from Operation Platform in the Era of Digital Economy
Industrial ecology is the basic unit in the era of digital economy,and the multi-level and heterogene-ous nature of its internal subjects has led to the complexity of legal relationships,thereby increasing the possi-bility of various disputes.Based on its technical characteristics and functional positioning,the unified digital operation platform within the industrial ecosystem can record all the data of the ecological operation.Therefore,obtaining electronic data from the operation platform will become the key to resolving internal and external disputes in the industrial ecosystem,which may lead to the potential trend of e-discovery from the operation platform.This trend is bound to lead to technical and cost problems based on e-discovery of massive data.At the same time,it will also lead to the dilemma of biased evidence and inability to collect evidence.At the technical level,we can learn from the technology-assisted review in the context of the US e-discovery to achieve automatic screening of the required data at an acceptable cost to obtain the required data from a large amount of data.At the institutional level,when the operation platform is a party in a lawsuit,and the biased evidence is obvious,we can propose to apply China's documents for an order to produce documentary evidence.In this way,we can obtain the electronic data under the control of the operation platform,or litigation results equivalent to obtaining the data.When the operation platform is not a party in a lawsuit,it is necessary to explore the rules of using an operation platform to assist electronic evidence collection.
Digital economyE-discoveryTechnology-assisted reviewOrder to produce documentary evi-denceAssisting evidence collection
万方数据
维普
