The Evidential Issues Of Data Message

Acknowledgement of the evidential effect of data message has become an inevitable legal issue with the development of E-Commerce. For the sake of removing relative legal-barriers and promoting use of data message, which is a method of recording facts quite different from the traditional ones, different countries are inclined to enact relative legislations for the acceptability and evidentiary weight of data message in evidence. Three relative aspects will be studied to discuss the evidential issues of data message in this dissertation.Part I : Challenges of data message to the traditional evidential rules. Concept and characteristics of data message will be illustrated and problems arising from the employment of traditional evidential rules of Two Legal Systems in data message will be investigated in this part.Part II: Evidential issues of data message, which is the key point of this dissertation, is discussed in this part. The author first simply analyzes two basic matters of data message in evidence, then probes into criterions which help to judge the evidentiary weight of data message, and finally demonstrates how electronic signature effect the evidential weight of data message.Part III: Consideration on system of data message in evidence in China after application of Chinese . Three relative issues will be discussed:(l) simple analyses of system of data message in evidence in China before application of Chinese ; (2) how relative rules of Chinese help the judicatory practice of data message in evidence;(3) effect of the legal force system of electronic signature in China on the evidentiary weight of data message in evidence.