Research On The Identification Of Electronic Evidence

The air is filled with information. Today, smart phones, smart wearable devices and other electronic devices and instant messaging, electronic commerce and other information applications in various fields, and people's lives are closely related to the information is gradually transferred to the digital media, which reflects people's activities in the past more widely, more complex and more intelligent, can be said to be human perception and cognitive reality of a change. It is a challenge to the right of the people to reflect and confirm the behavior of people.Electronic evidence is the product of social information development, through a certain technical means to dig its relationship with objective things or events can be used as evidence, the legal nature and status of the newly revised criminal procedure law and civil procedure law in 2014, and the revised administrative litigation law in 2012 has been recognized, in order to review whether the evidence provided by the electronic evidence. But electronic evidence as a virtual product, the intangible will inevitably lead to the features of easy mutation, difficult to distinguish the authenticity of the other characteristics, the sensation of the collection, identification, examination and so on a series of judicial activities will undoubtedly need a perfect system and scientific technical appraisal system support. Canadian law Garton once said "in the trial use of the biggest challenge of electronic evidence is, not easily will classed as the traditional types of evidence." The electronic evidence review, identification of existing evidence rules breakthrough into the joint China World Trade Center law "model law" electronic business integrity standards, "American USA" Canada Uniform Electronic Transactions Act, "law", "uniform electronic evidence" and "unified e-commerce law of personal information protection and electronic documents," Philippines law "the rules of electronic evidence", "India information technology law" as more and more countries have adopted, based on the traditional evidence review the best evidence rule, hearsay rules, authentication rule use, more through the extension of definition of electronic evidence, further use of evidence integrity side presumption of electronic evidence effect, thus avoiding complex professional electronic evidence the contents of the identified requirements, to some extent, electronic evidence model involves the problem of how to combine with the balance of law and technology. However, in our country, there is no independent legal system to regulate the electronic evidence, there are some problems, such as the definition of the concept, the lack of evidence, the lack of judicial authentication system, and the lack of innovation. In the technical side, we are also faced with the problem of lack of evidence.How the law and technology balance and mutual influence or will be the breakthrough of electronic evidence review and confirmation. This article is divided into 7 chapters. The first chapter is to introduce the status quo, problems and suggestions of electronic evidence identification. The second chapter explains the concept of electronic evidence, the form and classification of electronic evidence, and makes a preliminary understanding of the direction of electronic evidence. The third chapter introduces and analyzes the status quo of the electronic evidence in foreign countries, which is the difficult position and reform ideas, rules, and the status quo of the electronic evidence in China. The fourth chapter analyzes the relationship and difference between the authenticity, legitimacy, relevance and traditional evidence of the electronic evidence. The fifth chapter analyzes the problems of the electronic evidence in China, which is not perfect, the security measures are not designed, the judicial authentication system is not complete, and the lack of review identified rules. In the sixth chapter, according to the current situation of China's electronic evidence review, we propose to use international experience, legislation, technology promotion as a supplement, and constantly improve the electronic evidence review and determination of the proposal. At the same time, the electronic evidence preservation and judicial review of the rules to improve the views, aims to grasp the source of electronic evidence and substantive content of the authenticity of the identification, in order to ensure that the electronic evidence review identified in the review of the link of true and reliable. Finally, this paper focuses on the electronic evidence rules for the determination of construction of the initial construction, mainly with the traditional evidence authenticity, legal and association and foreign side of the principle of presumption of, the admissibility and probative force as a starting point, from the perspective of the authenticity and legitimacy construction of admissibility rules to determine, that force in addition to the traditional evidence of correlation analysis, this paper puts forward into electronic evidence reliability and integrity rules to identify the supplemented by regulation. Secondly, we discuss the construction of illegal evidence exclusion rule of electronic evidence, and combine with the technical requirements of electronic evidence, this paper also proposed to strengthen the development of electronic evidence collection technology, the implementation of social third party network notary, standardized expert appraisal system, the establishment of expert advice system and so on. In the seventh chapter, the future development of electronic evidence is put forward.This paper is based on the practical point of view, such as the relevant technical application of the relevant technical application and opinion summarized in the author's work experience, and the legal regulation of the evidence, the author derived from the work of the years, the level of Limited is not enough, I hope this can be helpful for the development of electronic evidence.