Research On Criminal Electronic Data Authentication

The main purpose of this paper is to deeply study the electronic data,a type of evidence which has emerged in recent years,in the process of litigation and especially in criminal proceedings.The author conducts a research on this system from the basic concept,its source to the characteristics;from the foreign existing legislation or practical experience to the analysis of the present situation of our country,then points out the problems and gives my own opinions or suggestions on the problems pointed out.The first part of this paper mainly discusses the concepts of electronic data and identification,and puts forward their own understanding of the related concepts by analyzing the views of scholars both in China and abroad.Besides,by explaining the characteristics of electronic data and truth,we can have a clearer understanding of the related concepts.In this paper,the author defines electronic data as: by virtue of modern technology,through the digital,electronic form of existence,Material and information related to the occurrence of a case and capable of proving the facts of the case,using electronic equipment as a carrier.The second part of this paper introduces the relevant rules and operation of electronic data authentication in American legislation and judicial practice in an all-round way.From the rules of truth identification in American litigation to the methods such as self-identification and side-by-side verification of truth,it is expounded and analyzed in detail.At the same time,this paper also makes a certain understanding and discussion on the standards and procedures of truth verification in American litigation.The third part of this paper looks back to our country,and analyze the reality of electronic data in the present criminal procedure of our country.In terms of legislation,it is rather fragmented and incomplete.At the aspect of judicature,the application of electronic data authentication has been widespread in practical cases,which often involves professionals and professional problems.At the same time,criminal electronic data authentication in our country also has the electronic data collection and storage subject professional deficiency,which is easy to destroy the electronic data integrity;The technical level of electronic data authentication is still in its infancy and development,and all the facilities for authentication activities are mixed;electronic data collection and storage,to the division of electronic data Analysis and presentation of the whole process of the monitoring chain has not yet established standards and other issues.The fourth part of this paper mainly aims at the third part of the problem combined with the first two parts of the study put forward some suggestions and suggestions.Mainly from the criminal electronic data truth legislation,authentication technical support and identification methods and other three major aspects.On the legislation of the criminal electronic data truth,the author suggests that the main body and the standard of the electronic data truth should be made clear in the legislation.In addition,we can learn from the experience of the United States in the clarification of the criminal electronic data verification methods in our country.In the technical support of electronic data authentication,we can learn from foreign countries.The author puts forward a set of 5W1 H authentication technical support for the collection of electronic data.Custody process involves in time,location,personnel and specific content,which are to achieve all-round identification.