A Study On The Legal Evidence Status Of The Electronic Documents

Now days, the computer technique, communication technique and electroniccommerce and so on all have made a great progress, it makes the information transmitmore convenient, we are really in the "electronic world". But we must realize that thecarrier's transform of information give us so many troubles on law, there are more andmore electronic documents cases, not only in archives field, but also in law andcomputer fields. So, this research is exigent and necessary.This article can be divided into six parts: foreword, especially introduce thearticle's signification and the condition of domestic and abroad. Overseas mainly hasEngland, US as well as Europe have promulgated many laws in the establishment ofelectronic documents evidence status on law. In domestic such as in1999 promulgated"Contract Law" as well as in 2005 April promulgated the implementation of theelectronic documents signature law which have the influence to establish theelectronic documents evidence status on law, as well as this thesis research theorysignificance and practice significance. Second, analysis the reason of the electronicdocuments have evidence status on law, from necessity and feasibility. Third, itfocuses on the gist on law of this article. The electronic documents takes theinformation time the product, the collection advantages to a body, because itself hastechnical characteristic, if we still use traditional viewpoint to weigh will certainlycause our fundamental research into impasse. This chapter separately from theelectronic document legal evidence value, the electronic documents evidence abilityas well as the electronic document proof strength three aspects carries on theelaboration, expounds the thesis legal basis. Fourth, on the basis of traditionalviewpoint, I have express my opinion that the electronic documents can be a newunaided type of evidence. Fifth, aiming at these influence factors, I put forwardcountermeasures from technique, management and legislation. We must guarantee theelectronic documents the legal evidence status, not only needs coordination and support of thearchives, but also needs the law, the communication and so on. Last, it's the conclusion, I willsummarize this article, including what we have done and what we should enhance. The study on the legal evidences of electronic documents will accord with theepoch, and also can make the archives more abundance. We must have soberconsideration that solving the problem can not be success in one night, and also keepon unremitting effort.