Research On Authentication Rules Of Electronic Data In Criminal Procedure

Because of the need for electronic data in judicial practice,in order to protect the authenticity and identity of electronic data better,Chinese legislative department has issued a series of legal norms,which provides a legal basis for electronic data authenticity.However,there are still many problems in Chinese electronic data authenticity system,which need to be solved urgently.The paper consists of an introduction,a conclusion,and a main text,which is divided into five chapters,as follows:The first chapter clarifies and analyzes the core terms such as “electronic data” and“authenticity” involved in the study of electronic data authenticity system,and introduces the characteristics and nature of electronic data.The second chapter introduces introduces the theoretical classification of electronic data from the perspective of forensic methods,and specifically studies the morphology and characteristics of computer-stored records,computer-generated records,and computer-derived records,laying a foundation for the subsequent classification to explore the authenticity method of electronic data in criminal proceedings in China.The third chapter,through the analysis of Chinese legal norms and the summary of judicial practice experience,refines and summarizes four problems related to the electronic data authenticity verification system in Chinese criminal proceedings: Firstly,there are deficiencies in the method of electronic data authenticity,which is mainly reflected in the problems of relying on various records to prove that the method of authenticity is relatively single.Secondly,Chinese relevant legal norms do not clarify the standards for the proof of electronic data authenticity.Thirdly,the start of the electronic data authenticity identification procedure is too passive.Fourthly,in Chinese judicial practice,there is a lack of systematic electronic data authenticity technical specifications that can be consulted by judges,which is not conducive to judges’ review and judgment of the authenticity and identity of electronic data.The fourth chapter,for the part of the extraterritorial investigation based on the US law,through the research on the classification authentication method and authentication proof standard of electronic data in American Law.The fifth chapter,taking Chinese existing problems as the starting point,focuses on the path of improving the electronic data authentication system in Criminal Proceedings in China,mainly including four points: Firstly,based on Chinese actual situation,optimize the method of authenticity of Chinese criminal electronic data.Secondly,according to the current situation of trial structure and judicial practice in China,reasonably define the proof standards for electronic data authenticity.Thirdly,by setting the principle of “untrue assumption” and using the pretrial conference system of our country to reasonably arrange the initiation procedure of electronic data authentication.Fourthly,the relevant departments of the supreme law can formulate the technical specifications suitable for judges’ reference in electronic data authentication on the basis of the existing technical specifications for electronic data authentication.