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在民事诉讼中,档案只要符合客观性、关联性和合法性,即具备证据资格。当事人为收集证据可以依法查阅、复制和摘录档案,如果遭到拒绝,可申请法院调取档案。对于涉及国家秘密和商业秘密的档案,我国应当完善保护制度。笔者认为,纸质档案被赋予优先证明力;电子档案的证明力应以不同的原则和方法进行认定,同时还要为电子档案的证明力提供制度保障。
In civil litigation, the file is qualified as evidence as long as it meets objectivity, relevance and legitimacy. The parties may, in accordance with the law, inspect, copy and extract the archives for the purpose of collecting evidence, and if they are rejected, may apply to the court for file retrieval. For archives involving state secrets and trade secrets, our country should improve its protection system. The author believes that the paper files are given priority to prove that the power of proof of electronic files should be based on different principles and methods to identify, but also for the proof of electronic files provide a system to protect.