The Evidence Problems of Data Message in E-COMMERCE

The evidence problems arising from E commerce consist of two aspects:first,admissibility of data message,second,the evidential weight of data message.After investigating the evidential rules of common law system and civil law system,and their difficulties facing data message,we point out that there are two methods of solving the problems:first,data messages can be divided into electronic material evidence,electronic documentary evidence,and electronic witness's testimony;second,data message can be identified as a new kind of evidence just as audiovisual reference material and documentary evidence.