The Preservation Of Evidence And The Use Of Electronic Contracts

"Internet +" model of promoting urges the e-commerce has entered a new era,every day tens of thousands of business transactions by means of electronic contract.Standing in a legal perspective,the electronic contract in business transactions is hosting the parties are important documents of the real intention,also is divided into the contracting people contract rights and obligations,the key basis of the trading facts.Judicial proof of authenticity and integrity requirements,however,has become the electronic contract further popularization and application of realistic obstacles,is also the reality of electronic contract as litigation evidence using threshold.But the current solve the authenticity and integrity of evidence and the existence of traditional means of preservation-preservation notarization preservation,Court preservation.All can not fundamentally solve the problem of authenticity and integrity of electronic contract,also can not effectively deal with mass produced electronic contract as evidence of the use of realistic demand.So,this theme of this thesis is how to establish an effective system of electronic contract preservation,to ensure the security of electronic contract can be used as evidence.This thesis is divided into four chapters:The first chapter through the analysis of the electronic contract preservation concept and characteristic,elaborated the particula rity of the electronic contract preservation,and then analyzes the electronic contract preservation fro m germination to the existing state of development,raises the electronic contract has the authenticity and integrity cannot be guaranteed,it can not serve as evidence to resolve disputes,and to explore the value of the electronic contract preservation as well as to the meaning of the litigation.The second chapter discusses the identification system of the subject of electronic contract,it is discussed in detail in this thesis a part of the electronic contract preservation.Due to the electronic contrac t in virtual network space,the main body status is difficult to determine.Determine the main body status of existing measures does not truly realize for the determination of the main body,leading to doubt the truth of the electronic contract.The author for confirmation puts forward a new idea of the subject of electronic contract,in order to guarantee subject identity authenticity.The third chapter discusses the measures for preservation of electronic contract.This is also discussed in detail in this thesis a part of the electronic contract preservation.Due to electronic data has the vulnerability,content of electronic contract information cannot guarantee the authenticity and integrity,and cannot be used as evidence of a dispute,this will greatly damage the legitimate rights and interests of the parties.In this part,the author introduces the present several ways to save the mainstream,and the way the memory card.And combined with the current lack of several methods of preservation,puts forward his own idea.The fourth chapter discusses the electronic contract after preservation whether can be used as evidence of the problem.This chapter analyzes the electronic contract as evidence of the use of display program,authenticity and integrity of electronic contract review and certification method,after the court to review and correct,it can be identified as evidence to resolve the dispute.To sum up,these problems are reflected the electronic contract preservation is unique,the research and ana lysis of these problems will help to grasp the characteristics of the electronic contract preservation,helps to protect the transaction security,helps to use electronic contract as evidence,in order to the future of electronic transaction security and the electronic contract preservation mechanism to provide relevant advice.