Analysis Of Authenticity Examination Of Digital Evidence In Criminal Procedure

With the fast development of e-technology,more and more digital evidence appears in criminal procedure.As a consequence,people within this field start to pay much attention on digital evidence.One of the topics people mentioned mostly is the authenticity of digital evidence.This paper tries to analyze this issue on the basis of four cases happened in China.Except for introduction and conclusion,this paper is divided into four chapters.The first chapter analyzes four cases happened in China and reaches a conclusion that the main issue in digital evidence in criminal procedures is its authenticity.By analyzing how judges from the four cases mention above examine the authenticity of digital evidence,the second chapter introduces several aspects that judges should pay special attention to when examining the authenticity of digital evidence and ways to examine.Then in this chapter,I try to rethink the ways the judges use and give advice on consummating it.The third chapter introduces how the authenticity of digital evidence is regulated in the law in force of China and I try to give some comments on the positive movements and aspects that need to be improved.The last chapter introduces six legislation advice people mentioned mostly,which include establishing the mechanism of perpetuation of digital evidence,taking hearsay rule in and establishing the mechanism of authenticating digital evidence by testimony of witness and so on.Later in this chapter,I try to rethink these advice and give my own advice on how the rules in relation with these advice should be established.