Source: LIAONING BANDCN LAW FIRM
www.bandcn.com.cn written by : Liu Jun
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During second hand ship sale, consignor booking ship ship’s space, ship owners accepting cargo and so
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,}8M7C6_4V&@5z'e)d.M!oforum.fobshanghai.comon, ship broker, consignor, ship owners, forwarder are used to negotiate and conclude contract by MSN,
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1V"l*C+F#l,D'WFOB Business ForumQQ, EMAIL. In case the dispute occurred, the problem of testifying force of electric evidence appears.
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Recently, Xiamen maritime court of PRC had given a judgement which denied the testifying force of
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MSN chat record. This is the first judgement of maritime dispute in which the court definitely decided the
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,m4z L3y$W%F,S'k8utestifying force of MSN chat recourt.
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The party possibly encounter some risks as follows if he use electric data as evidence in court:
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Not able to prove the identity of addresser or addressee.
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y }9o1i4c8?$T)W1u4H[A Professional Business Forum]Not able to prove the electric data is original.
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&h3B!g4X#i;@FOB Business ForumNot able to prove the electric data is saved integrally and not amended.
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)J;B2R,W$B.|#hforum.fobshanghai.comNot 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
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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:
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The party should firstly choose EMAIL if he want to use electric data.
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#n3Q*C9~#pbusiness forum,trade forum,business opportunity,Business China,Business India,Brazil businessThe 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.