2007-11-9 14:41
bandcnlawyer
How to avoid the risks from electric evidence of maritime dispute
Source: LIAONING BANDCN LAW FIRM [url]www.bandcn.com.cn[/url] written by : Liu Jun
4N Rx-xU#m+Oy
During second hand ship sale, consignor booking ship ship??s space, ship owners accepting cargo and so $U4|}a5ziI'@GZ
OO2DNw+^T9xP
on, ship broker, consignor, ship owners, forwarder are used to negotiate and conclude contract by MSN,
c)e"~Zt+C
;x)I
D$gz
QQ, EMAIL. In case the dispute occurred, the problem of testifying force of electric evidence appears.*@(r @3t|
*m'Ch4VHQU
Sz1w?,H
4|O.x.m8{.S7Lqi
Recently, Xiamen maritime court of PRC had given a judgement which denied the testifying force of +E_:cCK
I&`|(x;N$MN!S
MSN chat record. This is the first judgement of maritime dispute in which the court definitely decided the H"OC[7w$RM
o2LF r\L*{
testifying force of MSN chat recourt.~#u)e|Te9i.x
-l zBoxH
a%j6_ },F-m
gs:W
3k)A!Q5q^9v
The party possibly encounter some risks as follows if he use electric data as evidence in court:
A+@XZ2`$G
-P{.o/BD4m&EZX:v&\^8`
Not able to prove the identity of addresser or addressee.
m|XVd u7M p
0W8`Z ~/Na,F
Not able to prove the electric data is original.0Xz2T3y"\4u
I1jB
v9XJ(Z$L h)Rw9q
Not able to prove the electric data is saved integrally and not amended.
-P#AO"Yw@2K0{3f+n
'd/Dk0@/a)I6g
Not able to ensure the electric data is read at any moment.
_(b/_;oqV_5Z
1R/s$XZn9wf
To avoid the said risks, the party not only should learn about the technology of forming and transferring ^0WGBZ(N*o C
|#H,hZ%n} H3i^(z
of electric data, but also should pay more attention to others ways of massage transferring. The party
IolVX
SX |3R
GV
|(kf,Q+`z
may do as follows:(XE5y6m)tH*E
|Ke[s6h8a:g
RlAIQmr
Ga+~!Aa
The party should firstly choose EMAIL if he want to use electric data.Y;f0NvoqAp&w
R9GS_!`r
The party should save the electric in original form integrally and intactly.
sl'P B1OU,~
:|zkv1{k%i5lM%d
When the contract is concluded or partly concluded, the party should sign the contract in writing.