Research On Evidence Attributes And Application In Litigation Of Electronic Bills

With the increasing popularity of the Internet and information technology,electronic technology has developed by leaps and bounds.At the same time,e-commerce has become the mainstream of the times.In the field of bills,electronic bills have gradually replaced paper bills and are considered to be one of the best payment methods for future financial development.And compared with paper bills,it is faster,more efficient,and more secure than paper bills,making it more adaptable to the e-commerce.However,while bringing the convenience in online services and electronic payment,paperless and intangible electronic bills face many new problems in litigation,such as that can electronic bills become evidence,how to judge the evidence attributes of electronic bills,how to collect electronic bills and how to preserve electronic bills,importantly,these questions are avoidable that we have to solve them.This article is divided into four parts:The first part introduces the concept of electronic bills and the classification of electronic bills.It elaborates that electronic bills are different from ordinary electronic data in these aspects,including having special participation entities,special storage environment,difficulty to determine the identity of the subject,and high difficulty in obtaining evidence.Through further analysis of the objective authenticity,legitimacy and relevance of electronic bills as evidence,it demonstrates the necessity and inevitability of electronic bills as evidence in litigation.The second part studies the problems existing in the judicial practice of electronic bills from aspects of the evidence collection and the identification of electronic bills,from the perspective of the objective authenticity,legitimacy and relevance of evidence,it discusses the current dilemma of the use of electronic bills in judicial practice and the causes of the dilemma.The third part discusses the related issues of electronic bill preservation.There are three main forms of electronic bill preservation in China: people's court preservation,notarization preservation and third-party preservation.By analyzing the concepts,advantages and disadvantages of them,and based on the complexity of the subject and timeliness of the electronic bills,we can conclude that the third-party preservation is the most suitable method to preserve electronic bills.In the fourth part,according to the problems existing in the application of electronic bills,it proposes solutions from three aspects : standardizing evidence collection and collection systems,constructing examination and recognition system,and reforming preservation methods,so that electronic bills can be played in litigation more importantly.