Research On Identification Of Electronic Data Proving Force

With the continuous development of electronic information technology,the value of electronic data in judicial proof has become increasingly prominent,which has become the consensus of theoretical and practical circles.However,due to the dependence,systematicness,vulnerability and stability of electronic data,the methods,rules and standards applicable to the identification of traditional evidence will appear unreasonable and unscientific when applied to the identification of electronic data.In addition,there is a relative lack of legal norms on the identification of the probative power of electronic data in China,so most scholars’ research mainly focuses on the identification of the evidence ability of electronic data,or the examination and judgment of electronic data from a macro perspective.Relatively few scholars have studied the identification of electronic data certification,so the identification of electronic data certification is faced with various difficulties in practice.This thesis takes the basic problem of the identification of the probative power of electronic data as the starting point of the research,and on the basis of sorting out and summarizing the concept,characteristics and classification of electronic data,it discusses the identification methods and identification rules of electronic data compared with traditional evidence.and the particularity of the identification standards;as well as the relationship between the evidentiary capacity and the probative force.Secondly,through the analysis of relevant legislation and judgment documents,this paper argues that there are problems such as low legislative level and fragmented content in the determination of electronic data probative power in my country;the lack of clear and specific methods,rules and standards for the determination of electronic data probative power.In the judiciary,there are unscientific standards for determining the probative power of electronic data;the probative power of electronic data is discriminated against;and the judge’s free testimony is not standardized.In order to solve the problem that the power of electronic data certification is not enough,this paper improves the identification of the power of electronic data from the following aspects.The first is to improve the legal system for the determination of the probative power of electronic data.Specifically,according to the particularity of electronic data,formulate principles,methods and rules applicable to the determination of the probative power of electronic data.The second is to unify the standards for the determination of the probative power of electronic data,mainly the standards for reliability determination,relevance determination and integrity determination.The third is to standardize the judge’s free testimony,mainly to improve the judge’s professional ability;to improve the expert assistant system and the people’s jury system。...