Perfection Of Criminal Electronic Data Authentication System

Electronic data authentication is a necessary link for evidence to enter the court,a prerequisite for electronic data to have evidentiary capacity,and the basis for its proof.It is also the gatekeeper of electronic data in the court.Therefore,the electronic data authentication system has great research value.The generation,storage,transmission and application of electronic data can not be separated from science and technology.Its spatial virtuality,carrier duality,information systematicness and unique reality view lead to obvious differences from traditional evidence.Therefore,the authentication rules of some traditional evidence are no longer applicable to the requirements of electronic data authentication.China has not established the independent status of the authentication system in justice and practice,and the relevant provisions are hidden in the evidence review and judgment,resulting in the confusion of evidence probative power and evidence capacity.At the same time,due to the lag of legislation and the late start of the research on electronic data authentication in China,the provisions on electronic data authentication are scattered and unsystematic;The content is abstract and the operability is not strong.At the same time,there are also some application obstacles in practice,including: non-standard electronic data forensics process,unclear electronic data authentication object,lack of new electronic data authentication methods,confusion of legal consequences of electronic data authentication failure,etc.The research of electronic data authentication system in the Anglo American legal system is relatively in-depth,especially in the United States,Canada and other countries.Some practices in legislation and justice are representative and innovative.For example,Canada’s first special electronic data legislation,the Uniform Electronic Evidence Act,has a pioneering significance;The rich electronic data authentication methods and program settings in the United States;As well as Germany’s regulation of electronic forensics and the use of "intermediate stage",it is worth learning from.After analyzing the problems of electronic data authentication in China’s legislation and judicature and combining with foreign experience,the improvement measures for electronic data authentication in China mainly include: first,establishing the independent status of evidence authentication in legislation,separating it from review and judgment,and providing clear guidance for electronic data authentication.Second,improve the authentication procedure of electronic data.After the adducer submits the evidence,it is first presumed that it is not true.The adducer should take the initiative to authenticate,and use China’s pre court meeting system as the operating carrier to complete the evidence authentication before the court session to improve the efficiency of litigation.Third,explore the method system of electronic data authentication,and enrich the methods of electronic data authentication.Fourth,clarify the proof standard of electronic data authentication.As it is the threshold for electronic data to enter the court,the standard should not be too high,and it is appropriate to adopt the "dominant evidence" standard.Fifth,we should detail the situations where electronic data authentication cannot be carried out,specify the specific situations where mandatory exclusion and defect correction are applicable,provide clear guidance for electronic data authentication,standardize the judges’ discretion,and reduce the confusion of application in practice.