The Application and Dilemma of Electronic Evidence in Maritime Fraud Cases

Abstract

With the digital transformation of maritime trade, electronic evidence has gained increasing prominence in maritime litigation. Maritime fraud cases, characterized by cross-border, technical, and covert features, pose challenges to electronic evidence, including inconsistent authentication standards, conflicts between traditional evidence rules and new forms of evidence, and legislative lag. This study employs normative analysis, empirical research, and comparative law analysis to systematically categorize the basic types and characteristics of electronic evidence, examine the legal framework and practical difficulties of its authentication, explore technology-driven innovative approaches, and propose institutional recommendations. The findings reveal a paradigm shift in electronic evidence authentication from traditionalism to technocratism, with judicial applications of emerging technologies such as blockchain-based evidence storage offering potential pathways to overcome authentication difficulties. Future efforts should focus on establishing unified authentication rules for electronic evidence in the revision of the Special Maritime Procedure Law, advancing the development of a unified platform for maritime electronic evidence, and improving international cooperation mechanisms for cross-border electronic evidence collection.