Study On Electronic Evidence In Foreign Trade

With the deep development of reform and opening-up in our country and the rapid growth of global electronic commerce, such crimes that get involved in this aspect go far beyond the scope of current practice of law. Therefore, electronic evidence is being highly valued as an important role in the electronic commerce crimes. However, with the varieties of information technology and the practice of law in each country, electronic evidence is clearly a topic in terms of evidence act studies in our country. Electronic evidence of different legal status and force of law will be a direct result of their authenticity that different standards in each country. And on the academic studies, scholars and experts have dispute on electronic data evidence such as its legal status, force of law and methods of collection, etc.This article is based on the study of electronic evidence legislation, which has made deep research and analysis in the definition of electronic data evidence, the different types of evidence categories, legal status and reasonable collection of the evidence, etc. In this article, it's believed that electronic evidence not only can be separate evidence, but also can be classified to the traditional types of evidence; the category of electronic evidence mainly depends on the need of social development and the value on the basis of legislator's choice.In this article, chapter 1 introduces the situation of electronic commerce development in our country and the concept, characteristics and features of electronic evidence generated by electronic commerce. And also on the basis of evidence category in law and the features of electronic evidence, analyzed electronic evidence in evidence studies. Chapter 2 introduces the situation of international legislation in electronic evidence. Chapter 3 analyses the force of law in electronic evidence regards the different international legislation. Chapter 4 analyses and compares the methods of electronic evidence collection and relevant legislation.On the basis of the study on the above 4 chapters, the last chapter indicates the current situation of legislation in electronic evidence and the development trend of electronic commerce, outlooks the development direction of legislation in electronic evidence, and proposes a complete thinking and suggestions of legislation in electronic evidence in our country.