A study on electronic evidence admissibility and allocation of burden of proof in data consumption disputes
Yu Zhou
School of Law, Anhui University of Finance and Economics
DOI: https://doi.org/10.59429/bam.v8i2.14521
Keywords: data consumption; electronic evidence; burden of proof; digital economy
Abstract
The growth of the digital economy has made algorithmic contracting the dominant mode of platform-based consumption, giving rise to frequent new types of disputes—Such as big-data price discrimination, algorithmic failures, and backend data tampering. In these disputes, the core original electronic data is unilaterally held by the platform, while consumers have access only to derivative evidence of considerably weaker probative force, creating a structural imbalance in the parties' evidentiary capabilities. The traditional civil-litigation rule of "he who asserts must prove" proves inadequate in digital consumption scenarios. Judicial practice suffers from vague standards for electronic data verification, inconsistent allocation of the burden of proof, ineffective enforcement of the obligation to produce documentary evidence, and a lack of technical fact-finding mechanisms. These problems lead to inconsistent adjudication in similar cases and severely hinder consumer remedies. Grounded in the fundamental theories of civil evidence law, this study proposes a comprehensive reform path: A layered and progressive burden-of-proof allocation system, refined binary admissibility standards for original and derivative data, strengthened platform obligations for document production and spoliation inference, and improved supporting mechanisms including technical investigators and expert assistants.
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