略论电子证据

On Electronic Evidence

随着信息时代的到来,在电子商务中,电子证据的证据价值与功能日显重要。电子证据是指在计算机或计算机系统运行过程中产生的以其记录的内容来证明案件事实的电磁记录物,其具有不同于传统证据的特征。在证明力问题上,电子证据既不同于书证也不同于视听资料,应该根据其在具体案件中所起的作用归类,电子证据的保全应引入公证机制。

With the arrival of information age, the evidential value and the function of electronic evidence have become more and more important in electronic business. Electronic evidence is a kind of electronic information which lies in the magnetic medium hardware or software in the form of data message in the operation process of computer system. The character of electronic evidence is different from that of traditional evidence in respect to its weight of evidence. Electronic evidence is different from written evidence and video-audio material, so it should be classified by its function in each case and notarization should be introduced into the safeguard of electronic evidence.