论大数据背景下的民事证据禁止规则

On prohibitive rule of civil evidence under background of big data

大数据时代已经到来,其对我国现有民事证据禁止规则提出了新的挑战。大数据的诞生引发了学界以及实务界对其侵犯公民隐私权、知情权等权益的争议。为了契合民事证据禁止规则,大数据的挖掘和预测必须以合法的方式来进行。在学界对我国民事领域证据禁止规则的确立已经达成共识的前提下,为了使民事证据禁止规则更好地发挥作用,建立民事司法数据库、严格规制数据收集和使用就显得尤为重要。

The era of big data has come about,which poses new challenges to current prohibitive rule of civil evidence in China.The birth of big data has sparked controversy about their infringement of the privacy and information rights among academics and practitioners.In order to conform to the prohibitive rule of civil evidence,the mining and prediction of big data must be carried out in a legal way.On the premise that consensus has been reached among the academic circles on the establishment of prohibitive rule of civil evidence in China,it is particularly important to establish the civil judicial database and strictly regulate the collection and use of data so as to make the prohibitive rule of civil evidence play a better role.