| 英文摘要 |
This article analyzes digital evidence in civil proceedings under Taiwanese Code of Civil Procedure. Regarding the investigation of digital evidence in civil litigation, it should be distinguished as quasi-documentary, new documentary, or inspection depending on its purpose and function as evidence. In addition to electronic originals, copies also have evidentiary capacity, if the party submitting them has proven its genuineness. Electronic documents with electronic signatures are considered as quasi-documents, but it is controversial on whether the presumption of authenticity of documentary evidence can be applied. In order to generate a clear standard to comply with, it is appropriate to legislate the types of electronic documents with electronic signatures, digital signatures or electronic time stamps shall have the effect of presumption of genuineness or timeliness. This would protect the parties’ right to proof and to reduce unnecessary evidence investigation procedures; hence, to safeguard the protection of both substantial and procedural interests. |
