The Electronic Evidence Certification Study

Evidence of authentication, refers to hear the case, judge in accordance with the legal procedures for the parties submit evidence and the people's court by the evidence investigated and collected cross-examination, follow the certain truth and the principle of the evidence of evidence ability and evaluate the proof strength and make the final confirmation lawsuit. Now the authentication, has this view is gradually theoretical and practical boundary recognised. Tong said that evidence in litigation apply, divided into evidence, the burden of authentication four links and cross-examination. These four link is closely and authentication problem will undoubtedly is one of the most important problem, forensics, proof-providing, cross-examination all is for the sake of authentication, the authentication and service is the ultimate aim of their three and end-result. Electronic evidence due to its high science and technology, diversity and compound, vulnerability features need our circles on its certification problems make new discussion.According to the authentication of the content is mainly evidence evidence qualification and proof ability general said, this paper are divided into four chapters:The chapter of electronic evidence of authentication problems made overview, divided into two major issues, the first part of main introduces electronic evidence the concept, the characteristic, the legal status, this part of the first from the concept of electronic evidence, after briefly evaluated scholars to electronic evidence, after the various definitions of electronic evidence that should make comparatively broad understanding. Compared with the traditional evidence, electronic evidence has the form of high technology, diversity and compound, vulnerability characteristics, and academic debate more electronic evidence the legal status of the problem put forward electronic evidence should absorb audio-visual material become independent evidence form point of view.This chapter is the second part is authentication concept, content and authentication of authentication model of electronic evidence response is introduced. Here mainly simply explains the concept and content and authentication of China's evidence of the relationship, and three according to characteristics of electronic evidence that a relatively free identification model is the best choice of electronic evidence of authentication conclusion. Free authentication mode guaranteed the judge on evidence on judgement subjective activity, the most important thing is being able to judge in professional strong authentication electronic evidence when provide effective guidance and reference.The second chapter mainly analyses the electronic evidence in our country the certification process appears the question, this chapter of our country at first electronic evidence legislation made the list type introduced, and with the legislation seriously behind practice, multi-level legislation cannot form between conflicting legal system and make a brief appraisal. Secondly, this chapter also introduced electronic evidence in our practice appear experienced discrimination, lack of guarantee electronic evidence probative effective technology problems make evaluation. Finally, in the first two parts was analyzed on the basis of perfect electronic evidence the necessity of authentication problems.Through the analysis of the first two chapters, the third and fourth chapter is electronic evidence evidence qualification and probative problem is detailedly expounded. The third chapter basically according to the characteristic of electronic evidence, discussed about electronic evidence is how different conventional evidence undergo legitimacy, objectivity, and correlation of the inspection.The fourth chapter firstly introduces electronic evidence that force, solve the authentication principle problem why general through free heart syndrome judgement evidence evidence ability to judge question why proper guidelines, and in our country must establish the appraisal in priority, supplemented by appraisal presumption principle. Then affect electronic evidence's probative factors make introduction and practice controversial electronic evidence rules of evidence, the main problem to explain is electronic evidence and the best evidence rules, direct evidence and indirect evidence problems and multiple copies of evidence's probative comparison...