A Study On The Authentication Rules Of Electronic Evidence

The purpose of the electronic evidence authentication rules is to identify the identity of evidence,that is,whether a certain evidence presented in court is consistent with the evidence advocated by the presenting party.Passing the test of the electronic evidence authentication rules is the prerequisite for the admissibility of electronic evidence.The electronic evidence authentication rules face the relevance of evidence,and its function is to check whether the evidence has relevance.It is not only helpful to solve the problem that electronic evidence is the "king of evidence",but also helpful to discover the truth of the case.China's "criminal procedure law" and the relevant judicial interpretation of the rules for the authentication of electronic evidence is insufficient and there are many disputes,which will inevitably stimulate the emergence of the rules for the authentication of evidence,so the study of the rules for the authentication of electronic evidence will be conducive to the healthy development of China's criminal procedure law.The thesis consists of four chapters:introduction and text.In the preface,the research purpose,review,methods and structure of the paper are described,and the research status of electronic evidence authentication rules is briefly reviewed.Electronic data is equivalent to electronic evidence,and it has no practical significance to distinguish them.Both refer to all materials and their derivatives that rely on electronic technology,exist in electronic form,and can be displayed with the aid of corresponding media or equipment,and can be used as evidence.Electronic evidence has different characteristics from other traditional physical evidence,that is,dual carrier,systematic and stable.It is one of the important problems in the study of electronic evidence authentication rules to clarify the foothold of the rules of electronic evidence authentication,that is,the problems to be solved by the rules of electronic evidence authentication.The foothold of electronic evidence authentication rule is the "identity" of evidence,and the consistency of evidence embodies the twopoints of evidence carrier and expression of evidence content.By testing the identity of electronic evidence,the electronic evidence authentication rule makes the evidence qualified to participate in the court hearing,that is,the electronic evidence authentication rules are set for judging the evidence ability,which belongs to the evidence ability rule.On the value level,the value of electronic evidence authentication rules is to test whether the evidence is relevant.There are many problems in China's electronic evidence authentication,such as over-reliance on the proof of various written evidence,rough and scattered legal provisions,insufficient qualitative analysis,etc.,which lead to the formalization of China's electronic evidence authentication rules,imperfect evidence custody chain,and chaotic legal consequence evaluation of violation of electronic evidence authentication rules.It is a feasible suggestion to construct the system of electronic evidence custody chain to perfect the rules of electronic evidence authentication in China.Electronic evidence authentication is an independent rule of evidence.The legal consequences of violating the rules should be evaluated separately.Electronic evidence authenticating cannot,refers to the electronic evidence in the collection,extraction,storage,identification and other processes,in violation of the rules of electronic evidence.Electronic evidence that cannot be authenticated belongs to defective evidence,so "special exclusion rules" should be adopted to regulate the legal consequences of evaluating electronic evidence that cannot be authenticated.