Produce evidence of the effectiveness of electroni

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Produce evidence of the effectiveness of electronic document and its implications for the management difficulties

【Abstract】 From the perspective of the law of evidence evidence of the effectiveness of electronic document production difficulties: what kind of electronic documents should be attributed to forms of evidence, electronic documents are originals, the authenticity of electronic documents such as how to review, and the relevant foreign laws and regulations made electronic evidence analysis, the impact of electronic document management are described. Abstract title】 files Key words theory of electronic documents / evidence of effectiveness / management body】【 One of the difficulties: what kind of electronic documents should be attributed to forms of evidence? Electronic documents to produce evidence of the effectiveness of the first condition is compliance with the statutory forms of evidence, procedural lists of legal evidence in the form of 7, each of which has specific meaning or essential characteristics, such as the documentary evidence refers to the text, symbols, , pictures and other content of the thoughts expressed to prove the facts of the case written document or other article, material evidence refers to itself with the material characteristics, there is way to prove the true circumstances of litigation items and material traces of audio-visual materials refers to the continuous, dynamic sound or picture to prove facts of the case information. (Note: Chen Yiyun editor: As for its ideological content included to prove facts of the case, the file is documentary evidence, if it is official documents, for the documents of the documentary evidence. When its existing premises, the external characteristics as evidence, for the evidence. If a document, written in handwriting characteristics from the documents who can confirm that altered the same time, the content from the documents can be found written in the amount of financial corruption, then the document is not only physical evidence is documentary evidence. Electronic documents which evidence ownership in the form of community in our legislation, the judiciary and law experts have not yet reached a consensus. There are 4 typical: 1. Documentary evidence said. That China's (Note: Mei Shaozu editor: issued an 2. Audiovisual said. Such as the August 6, 2001 adopted the mail, electronic data and other computer data storage. In Beijing on the greater role, and the law should be prospective and should therefore be increased to an independent electronic evidence, the types of evidence. (Note: New products Liu: Evolution said. Law School of Renmin University of China, license attributes or characteristics, should be covered by the existing legal evidence of the 7 categories, such as the illegal invasion of a computer system using a computer left by the the fact is that e-cards, audio-visual information in electronic form is the electronic audio-visual materials, electronic chat history is the testimony of witnesses and other electronics. ● Revelation: the jurisprudence of evidence in the form of electronic documents the controversy is a reflection of the complexity of electronic documents and the diversity of their own. Nevertheless, the electronic document does not thereby lose its own evidence of qualifications, academic controversy does not impede the process of judicial practice, so electronic document management agencies must not be taken lightly. Documents, archivists should break through the traditional types of documents, electronic documents, electronic contracts, e-mail, web pages and other agencies in the business activities of important electronic records generated in all integrated into the electronic document management perspective, they are likely to suit occupy a place on the court. We look forward to the legal profession to the evidence in the form of electronic documents a clear view, so that the body of evidence according to different types of action required to be proper for electronic document storage. Difficult of the two: According to the original, original priority rule, electronic documents as well as Evidence of our ability on the evidence provided originals priority rule, that the physical evidence (that is, the physical form of evidence for its expression), should give priority to submit originals. China's In Britain, the United States law countries, the admissibility of evidence to develop the best evidence rule, provides text, audio or photographs of the original material as evidence of priority. Traditional It stressed that the original carrier of the file. This is because the traditional forms of document content vector fixed in a carrier, the carrier of the original content of ensuring the authenticity of its information, submit the original witnesses have high credibility. However, the information content of electronic documents the relationship with the carrier is not very close, the information content of electronic documents can be stored in the computer's CPU, internal memory, external memory and other storage media, and the original message is a binary code, not directly be read, only by means of a computer screen or printer output can be read, and this output in the form of electronic documents is clearly not the traditional Therefore, the original concept of the traditional understanding of electronic documents submitted in testimony can not be This would constitute one of the obstacles of their ability to evidence. Countries have tried to explore the electronic file on the original solution on the issue, from international and foreign laws and regulations of view, the typical approach has the following 3: 1. On the Such as the U.S. Federal Rules of Evidence Section 1001 (3) provides that: ; photo of the 'original', including film or any film prints from the film; if the data stored in the computer or similar device, any print from a computer or output data can accurately reflect the availability of books, both 'original'. 2. the functional equivalent method. Such as the United Nations Commission on International Trade Law enacted in 1996 the in final form, either directly entered into the computer, or after the first written documents into the computer, and maintain the integrity of the information, and information display when asked to show to others to meet the . 3. Replace Such as Canada, which records or which stores data in electronic record system, or with the aid of their data which can be recorded or stored electronic systems - integrity, the best evidence rule will come to meet. The method with the integrity of electronic records system to replace the best evidence rule in the In addition, in Canada, this provision also applies to paper documents related to the electronic image, not only does not require the original paper documents must be provided, and do not require electronic images can be taken on the premise that the original has been destroyed. ● revelation: We often say that the file is different from books, intelligence information is the original record of the unique characteristics, many files are often only one, so pay attention to the original file, the original and only existing copies. However, in the electronic age, electronic document breaks through the traditional electronic age, reflecting its value, how to expand professional functions? Course, as the custodian of the memory electronic age, one still can not shirk its responsibility to ensure that From the national legislation of the . This legislation provides for our good reference, the law In addition, breaking the traditional After the original files can be destroyed, so that can reduce the file, the file workers This is an urgent need to be recognized in our legislation. Difficult three: According to the Exclusionary Rule, under what circumstances electronic documents are illegal? Exclusionary Rule does not have the legitimacy of the evidence refers shall not be finalized according to the main body of evidence collection is to regulate the conduct and procedures: evidence. Invisible due to electronic documents, system dependent, and information sharing, so that the collection of evidence of traditional forms of evidence than the much more complex, some scholars believe that the following four kinds of electronic evidence, the case should be excluded: a recorded through the way to get stolen, not adopted; Second, through the unlawful search, seizure way to get in serious cases inadmissible; Third, through non-certified programs come in e-commerce disputes in the non-adoption; Fourth, come through the illegal software, generally not be admissible in civil proceedings. It can be seen, the first and second kinds of situations, and traditional forms of evidence of evidence is not reliable. ● inspiration: the traditional exclusionary rule of evidence and documents, files, workers have little, however, the legality of electronic documents, largely depends on the generation methods, which are closely related to our responsibilities. If these scholars view the future by legislation adopted, then the electronic document in order to prevent the testimony was obtained the certification process is an electronic file. China has issued a reach a certain level of security, take all safety precautions to prevent the system from illegal invasion and electronic files have been maliciously modified. In addition, maintenance of electronic documents from the interest of the formation of institutions, should establish a sub-level of use of electronic documents system, for different levels of the secret use of electronic documents set different permissions to prevent public, prosecutors, and judicial organs in the collection of electronic evidence leaked confidential information of the unit. Difficult of the four: the authenticity of electronic documents should be how to review? The authenticity of the evidence is to determine the size of its probative force of the key factors. Paper documents are often on paper through the identification of the font, handwriting, seals and other judge its authenticity, and a set of specific physical evidence technology. The evidence in front of electronic documents only hope How to review the authenticity of electronic documents it? From the international force of electronic documents to prove that the legal requirements of evaluation factors to see, tend to break down the authenticity of electronic documents requested for the integrity and reliability requirements. 1. The integrity of electronic documents. Two meanings: the integrity of the information content of electronic documents and electronic document depends on the integrity of computer systems, as mentioned above, the integrity of electronic documents is an electronic file Such as the UN trade law would and display any changes that occur in addition to whether the information intact, without change. The integrity of computer system performance in three areas: the system must be in normal operating state; in normal operation, the system of the business must have a complete record; the electronic record must be in business activities at or the post production. Such as Canada, moment are in normal operation, or, if not in normal operation,[link widoczny dla zalogowanych], but it does not affect the normal operation of the fact that the integrity of electronic records and the records of no other reasonable grounds to doubt the integrity of the system. (2 ) if there is evidence that the electronic record is recorded or stored by the following parties - and with the intention of proceeding into the record on which the opposite party in the interests of other parties: or (3) if there is evidence that the electronic record In addition to litigation by the person other than the parties, in the usual and ordinary business activities, record or store, and they were not recorded or stored into the record under the intent of the parties to the directive. 2. The reliability of electronic documents. Including: electronic files from the generation, transmission, storage into the various aspects of the reliability of the collection, identification methods of electronic documents the reliability of the originator. Electronic files from the generation, transmission, storage to the collection of all aspects of the reliability of electronic documents is the major review of the activities in the normal auto generated by conventional procedures, or whether in strict accordance with the rules under the control of, the use of reliable The operation method of manual entry; transfer, receive electronic documents used in the technical means or method is scientific and reliable delivery of electronic documents in the process of whether to take the security encryption measures, if not illegal interception; storage of electronic documents method is scientific, the reliability of storage media, storage of electronic documents of third-party is fair, independent, whether the storage of electronic documents is not illegal contact; collection of electronic documents the process of evidence of compliance with the relevant provisions of the law and so on. Electronic documents that can be identified as the originator by or on behalf of the electronic documents sent or generated may be stored in person. Recognition of electronic documents originator generally have smart cards, passwords, biometrics, digital signature technology. Which asymmetric cryptography-based digital signature method is most reliable. Introduced in many countries in Europe and America, China has not yet promulgated the Which to some extent, the originator of electronic documents to review the reliability of identification methods constitute an obstacle. ● Revelation: It is worth noting here about the authenticity and the authenticity of the archives are not identical concepts. The former is the Because of this, in order to file as evidence, can enhance the judge's mind is convinced that the In the strength of the evidence of the provisions of the This reflects the Historical Archives of China's judiciary has a high reliability; file testimony in the dominant position of authority with the department of archives and records management and reliable method are inseparable. However, the archiving of electronic documents management, China is still at the exploratory stage, the archives department to maintain its position of authority in the electronic age, we must step up research on electronic document management, through the introduction of a series of standards to strengthen the system of electronic documents archive management. How to ensure the integrity of electronic documents, reliability and readability, to meet the judicial review of the authenticity of electronic documents to enhance the probative force of electronic documents electronic document management is an important issue. The author believes that one important measure is metadata management, because it has been recognized legal circles, is an electronic document is an important part of the evidence. The so-called metadata that describes the electronic document content, structure, background information and its management of data. Structure element, such as by capturing data, you can understand the data structure of electronic documents, software and hardware environment, technical information, to ensure the readability of electronic documents; capture background information through metadata, to understand the operational activities of the formation of electronic file information to ensure E
next file in the normal business activities and storage of records; management by capturing metadata from electronic documents to understand generation, transmission, storage management state of the process to ensure electronic documents constitute a reliable chain of custody. As most of the metadata are automatically captured, and therefore trustworthy. Many countries have already introduced the and so on. China should step up research to develop to meet the evidence requirements of the electronic file metadata management standards. Produce evidence of the effectiveness of electronic documents difficulties and difficult problems to the electronic document management Implications for much more. In our legislation and management of electronic documents are not perfect today, an urgent need to include law experts, archival and information technology sectors all sectors of the full communication and cooperation. Archivists should be brave enough to take up the power in the community New products ⑤ Liu: