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Evidence of the effectiveness of electronic data - about the contract from the EDI

Associated with the establishment of codes of EDI and EDI user transactions to overcome uncertainty, Electronic Data Fair extended to a wider area, and electronic data issues relevant evidence will be more attention. Third, the number of dance for electronic evidence Tuo Xin Zhong Q | A 【A - 4 ◇ response Yat ~ While not in China's legislation on the evidentiary value of electronic data and evidence to make the provisions of the status, but also come to realize that electronic data information on the status of the law of evidence. China's electronic data exchange has also been considerable development, but because of people for electronic data exchange is not convinced that led to the development of China's electronic information industry lags behind, in the law will be reflected in the imperfect legislation electronics. China's electronic data evidence of the effectiveness of uncertainty, China's electronic information industry is a result of underdevelopment. It also gives information of electronic data makes it difficult litigation. In the electronic information legislation, the concept of the first to achieve change. As China's electronic information industry is in its infancy stage, so people for the reliability of electronic data transactions lack of understanding, therefore, is not widely applied in electronic transactions, electronic transactions, the real role has not been fully realized. Therefore, China should now strengthen the security of online transactions, enhance network management, real easy to play the role of online transactions, thus integration with the rest of the world. Second,[link widoczny dla zalogowanych], electronic data in the legislation establishing the evidence on the effectiveness of the information. It depends on the electronic data information on the effectiveness of the entity is recognized, the substantive law, should be established with the previous electronic data file to the same effect as written, so that electronic data can help the procedural information on the status of legal evidence established. Mainly in the contract EDI EDI data in the form of a written contract, the effectiveness of the recognition should be given to EDI contracts (in the form of data messages) and the same general effect of written contracts, that is authorized to file the form of data messages written effect. This is the traditional contract law difficult, because the old people will contract as a contract in writing in paper form, the written equivalent to the paper, therefore, exclude the effect of other forms of contract, in the past to compensate for this paper surface defects of the method is to contract confirmation. In confirmation of EDI is no doubt the contract signed the contract rejected EDI easy. Therefore, we should pass legislation to establish the EDI effect of the contract written in electronic form. Only in this way to establish the legal status of electronic data to establish a reasonable position. Therefore, we should establish electronic data status in the proceedings and evidentiary value of evidence. Hong Kong by the staff of the sworn testimony of the computer files, can be admitted as evidence. evidence in the computer world are flawed legislation. With the national emphasis on computer crime, computer data and information in criminal proceedings, the role has gradually become prominent in many countries will also be computer data information as evidence in criminal proceedings to be adopted, the computer evidence in civil proceedings also gradually raised the role of to the agenda. For with the world and promote the development of electronic commerce, China should attach importance to the electronic data information legislation. First, electronic data should be established on the substantive law in effect, giving electronic data and paper-based information to the same effect. In the EDI is to give the contract to the form of electrical pulses or magnetic pulse output of the existing contract or a copy of the original text on the effectiveness of the law. Second, electronic data information to be given to the evidence in the proceedings of the effect. To ensure data accuracy of the information given to the provisions on expert witnesses to the status of the proceedings. Expert witnesses as evidence mainly refers to the storage of information by computer data, computer software, computer operations, and persons the right to use the information to the production of computer data, sources, effect. Proved to play the role of force and other people. 'China's electronic information industry just at the initial stage, this requires in the electronic information industry on legislation to regulate and guide, can promote the development of this high-tech industries in order to make it in the system development by leaps and bounds. We can see that electronic data information, not just evidence of EDI contract issues, including electronic information exchange in the process of security problems and evidence of computer crime problems are for further expansion. Port Editor: Wu Guijing