Research On Authenticity Of E-chat Record

E-chat is a way of in text based real-time information exchange, and realization of short message "real-time" communication is the most significant characteristics of chatting on the net. It is widely used in the electronic commerce which connect a user’s computer and a server and the other party( or parties) user’s computer. E-chat has fast information and the communication and transaction cost is lower. According to CNNIC, 2015 release of the 35 times China Internet network development state statistic shows that even if communication, blogs, online news is the foundation of the Internet applications. Even as the users of the first Internet communication application, communications users scale up to 587.76 million people, utilization rate is 90.6% on the high utilization levels rising; At the same time, the scale of mobile instant messaging users reached 507.62 million, utilization rate reached 91.2%. Echat are widely used in civil and commercial litigation as a way of instant messaging, web and computer and other electronic devices as the carrier of electronic chat as electronic data. It is difficult to prove the authenticity of the electronic data which is easy to be modified and hard to identify the characteristics of authenticity.But at present our country related system of electronic data is still not perfect that there is not a set of complete electronic data rules. This article put forward the perfect our country electronic chat rules of authenticity and certification rules which is based on the relevant provisions of the current electronic data and practice the civil lawsuit of our country, comparing the relevant theories of electronic evidence in the Anglo-American law system.In this paper, there are three parts:The first part discuss e-chat as a type of electronic evidence in the civil lawsuit that echat record authenticity of the status quo. The author mainly analyzes the difficulties facing the legislative and judicial practice, and emphasize the e-chat as electronic evidence in the judicial practice, and problems still need to be reviewed for their authenticity. The authenticity of e-chat is proposed for determined rules provide the basis later.The second part explain some foreign countries and organizations for the authenticity of electronic chats regulation of the relevant national legal system for electronic evidence rules based on the international perspective. In order to build a simple analysis, this part summarize the successful experience of electronic evidence extraterritorial legislation for our respective establish rules of evidence provide reference systemThe third part suggest creating some rules of of e-chat for authentication rules and so on. Through the lessons from foreign legislation, the elements affecting the authenticity of the relevant analysis, and from the authenticity standards for electronic evidence, the author put forward specific rules of e-chat authentication rules in china.