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Discuss About The Collection And Use Of Electronic Evidence

Posted on:2013-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:J Y RenFull Text:PDF
GTID:2246330374472274Subject:Law
Abstract/Summary:PDF Full Text Request
The development of the electronic information promotes the prosperity of the electronic commerce times, also makes the life of people become informatization, digital, concise and convenient more economic and rapidly. However the hidden challenges and problems in the face of the prosperity occur, the problem of solving the electronic commerce trade disputes in the process, which named the electronic evidence. However electronic evidence has much new special properties,such as digital technology, dependence, vulnerable to destructive and others, compared with the traditional types of evidence, they are influencing the traditional evidence system of our country deeply. This article expounds how to draw out the modality problem and legislative methods of the electronic evidence in sovling the electronic business disputes:Electronic evidence in the theory and practice of recoverable, and separately from the electronic evidence legislation form proof strength, electronic evidence, security and has shown and electronic evidence review analyzes judge electronic evidence legislation difficulties, and puts forward the solution to it.At the same time, combining with the other countries, study the advanced experience of developed countries for reference, and base on the process of China’s e-commerce development, the legislation should with the international practice, and the relevant laws and regulations in our country and coordination, pay attention to its maneuverability, so that we will make our own system of the electronic evidence. Electronic commerce is as the network of the development with information technology,which is a new way of trade and economic phenomenon, it relies on is the Internet, which is open, global, freedom, and the characteristics of the virtual, In a word,the attributes of the electronic commerce decide the impact to the original law system,and a series of legal problems, At present in China there are not a set of laws and regulations and system matchingelectronic evidence, There are a lot of legal issues to study, we should do more research and discussion about electronic evidence.
Keywords/Search Tags:electronic commerce, electronic evidence, the system of evidence, the recoverable ofthe electronic evidence, the difficulties of legislation
PDF Full Text Request
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