关键词: 电子文件, 电子证据, 证据地位, 证据效力, 证据立法

Abstract:

Electronic records are electronic evidence when used as evidence.  By analyzing Electronic Signature Law, the three laws of litigation and other laws and regulations in China, this paper finds that China has recognized the status and proof validity of electronic evidence to a certain extent. However, due to the dependence of electronic records on the carrier and the digital environment, and the limitations of the traditional evidence law, etc., there are still many problems in confirming and guaranteeing the status and proof validity of electronic evidence. Therefore, this paper proposes the following recommendations to protect electronic records’ legal credentials: reinforce the identification of electronic records’ evidence status and effect in the existing laws and regulations system, establish Electronic Evidence Law, improve the relevant provisions of Archives Law, promote the use of reliable electronic records management system and set up Electronic Records Management Ordinance.

Key words: Electronic records, Electronic evidence, Evidence status, Evidence effect, Evidence legislation