چکیده:
Introduction: With development of technology and its effect on different aspects of human life especially in trade and transactions and regarding increased competition in international business arena, examination of different dimensions of electronic business as one of the main manifestations of this kind of business is inevitable; this paper answers this main question that how is the judicial reliability of electronic evidence in business claims and what are the social and judicial consequences? Methodology: this paper is descriptive-analytical (qualitative) and uses inferential methodology applying scholar agreement index in understanding judicial examinations related to judicial reliability of electronic evidence in electronic claims based on existing facts, evidence and circumstances. Findings: Using electronic communications as a tool for doing various interactions provides an important issue called electronic business and because of virtual network characteristics, examination of procedure system has a special importance relative to other issues of information technology law along with judicial equality. Conclusion: If the process of discovery and obtaining electronic evidence is performed according to legal principles, and in addition to validity, integrity, reliability and undesirability issues, in this case, it can be basis of issue of order and the rules governing evidence proving claims are also used in electronic business claims.
Purpose: With the expansion of technology and its impact on the various aspects of human life, particularly in the field of commerce and exchanges, and with the expansion of competition in the field of international trade, the study of various aspects of electronic commerce as one of the most important effects of this type of business, is inevitable. The present research seeks to answer the main question: "what is the judicial citation of electronic evidence in electronic commerce cases, and what legal and social effects will it have?". Methodology: The present study is a descriptive-analytic (qualitative) one and uses inferential methodology using the researcherchr('39')s ability to understand the legal scans related to the judicial citation of electronic evidence in electronic commerce cases and also to rely on evidence and facts are used. Findings: Using electronic communications as a means of conducting various types of interaction, such as deals, poses an important topic for e-commerce that due to the features of cyberspace, the clarification of the legal system in electronic commerce cases has a particular importance to the other issues of IT rights in the line with judicial justice. Conclusion: If the process of discovery and access to electronic evidence is carried out in accordance with the legal principles, it can be the basis for issuing the sentence and the rules governing the evidence (law) are also the same for the electronic commerce cases.
خلاصه ماشینی:
Findings: Using electronic communications as a tool for doing various interactions provides an important issue called electronic business and because of virtual network characteristics, examination of procedure system has a special importance relative to other issues of information technology law along with judicial equality.
Conclusion: If the process of discovery and obtaining electronic evidence is performed according to legal principles, and in addition to validity, integrity, reliability and undesirability issues, in this case, it can be basis of issue of order and the rules governing evidence proving claims are also used in electronic business claims.
In fact, lawyers can obtain electronic evidence for these reasons: regarding increase in using computer technology in information management and higher usage of computer systems instead of paper cases, valuable information is saved in computer systems that its discovery and reliability have special importance.
Electronic evidence can be divided into two kinds of usual evidence and secure evidence that we examine them in the following: Usual electronic evidence: Usual evidence is message data produced, sent, received, saved or processed by an insecure information system having insecure electronic signature as we cannot make sure from assigning the document to issuer, his or her identity or document’s integrity (Abdollahi, 1387:53).
Though there are essential differences in document values and their presentation, the main issue faced with all law procedures is acceptability and reliability of these evidence.