Research On Criminal Electronic Data Authentication In China

With the rapid development of modern science,technology and information technology,big data and informatization affect every aspect of modern social life with invisible force and ubiquitous potential.Electronic data has unique characteristics that are different from traditional evidence and often appear in judicial evidence On the stage,play an irreplaceable role in judicial proceedings.As we all know,before the revision of the Code of Criminal Procedure in 2012,the electronic data was embarrassed because of its unclear legal status.At that time,the electronic data in our country was limited to purely theoretical research,and in the judicial practice,the electronic data was also transformed into a documentary evidence Or appraisal of the way to use.After the revision of China's new criminal procedure law in 2012,the electronic data was included in the legal provisions as a new form of legal evidence.In September 2016,the Supreme People's Court,the Supreme People's Procuratorate and the Ministry of Public Security promulgated the "Provisions on Some Issues Concerning the Collection and Examination and Examination of Electronic Data for Criminal Cases"(hereinafter referred to as the "Provisions of Certain Electronic Data Issues")Solving the problem of electronic data forensics and judgments made more prominent progress,not only summarize the practical experience of electronic data forensics and review judgments,but also reflects the technical requirements of electronic data review judgments,to a certain extent,to regulate the review of electronic data Judgments that make the judge in the judicial practice of the use of electronic data to determine the facts of the case become circumstantial.It can not be denied that the legal independence of electronic data has been clearly defined and recognized,broadening the field of judicial evidence and promoting judicial fairness.At the same time,however,the unique nature of electronic data gives inherent rules and systems in the field of evidence law Bring a certain degree of impact on the electronic data is applicable and how to apply the best evidence rules,rules of excluding evidence of illegal evidence and how to evaluate the authenticity and validity of electronic data and other related issues that we can not but think and study.Based on the above reasons,the author takes the problems existing in the process of criminal electronic data authentication as the starting point,analyzes the general rules of electronic data authentication from the perspective of the authenticity and legality of criminal electronic data,combining with the particularity of electronic data,Legislative and judicial experience,with a view to China's criminal electronic data authentication process to provide some positive recommendations.