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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
4NR x-x U#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,
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;x)I D$g z QQ, EMAIL. In case the dispute occurred, the problem of testifying force of electric evidence appears.*@(r @3t|

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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
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testifying force of MSN chat recourt.~#u)e|Te9i.x
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3k)A!Q5q^9v The party possibly encounter some risks as follows if he use electric data as evidence in court:
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-P{.o/BD4m&EZX:v&\^8` Not able to prove the identity of addresser or addressee.
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0W8` Z ~/N a,F Not able to prove the electric data is original.0Xz2T3y"\4u I1jB
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Not able to prove the electric data is saved integrally and not amended.
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'd/Dk0@/a)I6g Not able to ensure the electric data is read at any moment.
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To avoid the said risks, the party not only should learn about the technology of forming and transferring ^0WGBZ(N*oC
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of electric data, but also should pay more attention to others ways of massage transferring. The party
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may do as follows:(XE5y6m)t H*E
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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.
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When the contract is concluded or partly concluded, the party should sign the contract in writing.

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