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A Study On The Effectiveness Of Electronic Signature Evidence From The Perspective Of The Internet Finance

Posted on:2018-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:S S ZhaoFull Text:PDF
GTID:2416330620453684Subject:Law
Abstract/Summary:PDF Full Text Request
Electronic signature as electronic evidence,its ability to evidence and proof of force and the identification of standards and procedures,the law did not make provision,these legal gaps seriously hampered the application of electronic signatures,but also hindered the development of Internet finance and e-commerce.Based on the electronic signature itself,this paper analyzes the principle of electronic signature technology,evidence ability and proof force,electronic signature authentication and forensic identification,and through the analysis of typical cases to illustrate the current economic and financial network environment,the application of electronic signatures and judicial practice in the electronic signature as evidence of the adoption and proof of the problem.Finally,the current environment of emerging technologies and methods were analyzed,in particular,to help determine the reliability of electronic signatures proposed recommendations and solutions.This paper uses literature research,value analysis,comparative analysis to make a more comprehensive analysis of the electronic signature evidence in depth,finally the constructive measures are suggested to the law is vague and does not provide the provision.This paper is divided into six parts,the first part and the second part are the introduction and the introduction of the electronic signature;The third part is the analysis of the standard of the recognition of electronic signature.From the objectivity,legitimacy and relevance of the evidence,the paper analyzes the evidence and proof of the electronic signature;The fourth part is the analysis of the typical cases of the electronic signature in the judicial practice,and more vividly and concretely analyzes the series of problems in the electronic litigation;The fifth part is the electronic signature in the proceedings of the certification and forensic analysis of the electronic signature is different from the traditional evidence,so its certification and forensic is also different from the traditional evidence;The sixth part is the analysis of the proof and preservation of the electronic signature,and the analysis according to the new preservation method and the authentication method in the economic practice.
Keywords/Search Tags:electronic signature, forensic evidence, evidence of validity, burden of proof
PDF Full Text Request
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