The Research On The Rules Electronic Data Authentication

Authentication is the prerequisite for judging the admissibility of evidence and the foundation for the court to adopt evidence.Electronic data is a new form of evidence derived from modern network information technology.Its virtuality and vulnerability make it important for electronic data authentication.The rules of electronic data authentication verification are the procedural basis for judges to audit electronic data,which is helpful to promote the standardization of electronic data collection and custody,and to increase the accuracy of fact determination.Therefore,it is very necessary to study the rules of electronic data authentication.In the United States,electronic data authentication rules are not only explicitly stipulated in the evidence code,but also form a comprehensive and rigorous system of electronic data authentication rules in judicial practice.It is helpful to prevent excessive evaluation of evidence,promoting the positive confrontation between the prosecution and the defense,and increasing the accuracy of fact determination.The content of electronic data authentication in the United States is the "identity" and "formal authenticity" of electronic evidence.Based on its special trial dualization structure,the standard of electronic data authentication can be as long as it reaches the "surface credibility".The common methods of electronic data authentication include informed witness testimony,unique confirmation,self-verification and so on.In judicial practice,the type selection of electronic data is regarded as the method of truthfulness.Electronic data authentication procedures are usually carried out before court,and can also exist in the course of trial,and even a small part of post-trial truth.From the perspective of comparative law,there are great differences between China and the United States in the logical starting point,content and method of electronic data authenticity detection.The establishment of the electronic data authentication rules in China began in 2010,and the contents of the rules were improved with the development of the legal norms.Especially,the publication of "Electronic data Regulation" in 2016 has brought substantial progress to the rules of electronic data verification and provided guidance for the handling of electronic data cases in judicial practice.However,we should also realize that the rules of electronic data authentication are not perfect.In theory,there is still a lack of systematic research on the rules of electronic data authentication,and it is still facing the task of continuing reform.Compared with the electronic data authentication rules in theUnited States,there are still some problems in our country,such as the establishment of presumption truth-proof system and self-identification system,and the low rate of appearance of informed witnesses.The reason why the electronic data authentication rule has the above defects is mainly due to the fact that the principle of direct and verbal trial has not been truly established in our country,and the judge has great discretion in the admission of evidence.In view of the present situation and existing problems of electronic data authentication rules in China,the author puts forward the following suggestions for improvement: First of all,before discussing and perfecting the rules of electronic data authentication,we should first make clear the principles that should be followed in perfecting the rules of electronic data authentication,including the principle of non-discrimination,the principle of presumptive untruth,the principle of side determination,and so on.Secondly,on the basis of drawing lessons from the experience of American electronic data authentication rules,this paper explores the electronic data authentication rules suitable for our litigation system from three aspects: content,method and procedure of electronic data authentication.