The Research On The Authentication Of Criminal Electronic Evidence

With the development of the times and the advancement of science and technology,computer Internet technology has begun to become more and more popular,and has been closely connected with people's daily life.However,it has gradually become the main tool of crime while changing the social form.Electronic evidence of emerging evidence in this age of technology is now involved in almost all criminal cases.Electronic evidence has been widely used in criminal proceedings,and it is often related to the effect of litigation activities or even success or failure.Therefore,the authentication of criminal electronic evidence should be worthy of universal attention in the theoretical and practical circles of criminal procedure.Because of some confusion problems existing in the theory of evidence law in China,the concept of "authentication" has not been clearly defined.In this paper,the concept of authentication will be defined and the concepts of related confusion will be distinguished.The authentication in a criminal procedure shall only be the judge's judgment on the probative force of the evidence.The judge mainly reviews whether the evidence is authentic,reliable and complete,and can be used as the basis for a case trial.This paper determines the main research direction of criminal electronic data authentication.Electronic evidence is essentially binary digital signal encoding,which belongs to an invisible data information.Electronic evidence has special attributes such as dependence on computer system and the variability of storage contents.Therefore,it is decided that electronic evidence should have higher certification requirements and authentication standards than traditional evidence.This paper aims to establish a system of evidence preservation chain for criminal electronic evidence.Through full evidence to document the chain of custody system strictly,ensure the electronic evidence from the reconnaissance certification stage to the court the entire process,always maintain complete,the original state,there is no editing,deletion,increase,replacement etc.Judge through the examination of electronic evidence in the collection,fixed,storage,transfer and a series of links in the chain of evidence preservation of records,and combining the evidence preservation personnel's testimony,analysis of the electronic evidence whether scientific and reliable operation of each link.To determine whether the electronic evidence is true,reliable and complete.In this paper,the electronic evidence in the above link in the chain of custody,provides a relatively precise specification review standard,establish and content,the basis of criminal electronic evidence,and to build the system of certification rules.Any rules of a system must play a role in the specific legal environment,so as the condition of the conditions set all kinds of form a complete set of factors that will directly affect the function of the system rules.The author believes that the system of pretrial judge should be set up,the system of testifying system of evidence custodian should be improved,and the evidence authentication analysis of criminal judgment should be strengthened.Provide complete system guarantee from the premise,process and result of certification.Thus,the authentication system of criminal electronic data is further improved.