电子数据原件问题研究

Original Verification Problem of Electronic Data

由于电子数据本身的特性,在电子数据作为证据的场合,存在原件障碍问题;完整性保证说、复式原件说、结合打印说、分层说均不能完美解决电子数据的原件障碍问题;为有效解决电子数据的原件问题,应引入一种新的关于电子数据原件规则的理论——认证说,即在电子数据作为证据的场合,无论其是原件还是复制件,只有通过认证才能获得原件价值。

For the characteristics of electronic data, there is a problem of the original verification when it is used as evidence, which inevitably poses a big obstacle. However, this problem has not been solved satisfactorily in spite of some hypotheses and theories such as the guarantee of complete, dually original ones, the combination of prints and the layered opinions. To solve this problem effectively, the authentication theory should be brought in as a new theory about the principle of the original electronic data~ that is, if we use electronic data as evidence regard- less of it being the original form or the copy one, it is only by authentication that the value of original evidence could be obtained.