Electronic Data Identification In Criminal Procedure

With the development and popularization of computer network technology,the application of electronic data is becoming more widespread and appears more frequently as evidence in the trial of criminal cases.The "Criminal Procedure Law of the People's Republic of China"(hereinafter referred to as the "Criminal Procedure Law")amended in 2012 included electronic data in eight types of evidence,and at the same time revised the statement on the identification opinions.However,the current identification system is still difficult to match with the development and application of electronic data,making electronic data identification in the criminal lawsuit there are many problems that need to be resolved.In this paper,we use the method of combining theory with practice,systematic analysis,comparative research,and literature research to conduct research on the electronic data authentication system in China.The analysis of the concept,characteristics,and other properties of electronic data identification is used as the theoretical basis for full-text research.It also demonstrates its outstanding application value in criminal procedure and its important research value in criminal procedure law.Due to the special nature of electronic data identification,it not only has its own problems that need to be solved,such as guaranteeing the integrity of electronic data,and the power of proof.At the same time,issues such as neutrality and accreditation in some judicial appraisal systems have also been identified in electronic data authentication.It is even more prominent.At present,China's electronic data identification still needs to be improved in terms of technical standards and procedural standards.It is reflected in the fact that technical standards are not uniform and imperfect and cannot solve the problem of qualification certification of accreditation bodies.It is difficult to meet the high standards of litigation certification in criminal lawsuits.Lack of protection of parties' litigation rights and other aspects.Through analyzing and comparing the experience of designing and reforming related systems outside the United Kingdom and the United States,such as the legal systems of the United Kingdom and the United States,combined with the actual situation of China's legal system,some suggestions for improvement have been made with a view to helping the future development of the electronic data identification system.