Research On Authentication Rules Of Electronic Evidence In Criminal Cases

With the continuous development of modern information technology,great changes have taken place in the information exchange of human society.As it involves two cross disciplines of information technology and law,the research and discussion of electronic evidence often have problems such as inconsistent concepts,difficult inter-disciplinary communication,and difficult effective convergence between theory and practice.This article mainly analyzes and discusses the authentication of electronic evidence's evidential power and probative power in criminal cases.And discusses the problems existing in the authentication of electronic data evidence in our country by combining the relevant theories of communication technology and computer network,so as to better adapt to the changes and opportunities brought by the big data era to criminal proof.This article is mainly divided into five parts:The first chapter is an overview of electronic evidence.Starting from the essential connotation and manifestation of electronic evidence,this paper puts forward a three-level differentiation theory for electronic evidence under the dual vision of information technology and proof mechanism.Then,the characteristics of electronic evidence are elaborated,and four characteristics that affect electronic evidence authentication rules are proposed.Through the analysis of these attributes that affect the process of electronic evidence certification,this paper leads to the thinking of electronic evidence certification rules.The second chapter is an overview of electronic evidence authentication.The authentication of evidence is divided into the examination of evidential power and the determination of probative power.China's laws and judicial interpretations stipulate many rules and provisions for the examination and determination of electronic evidence.Through studying the specific provisions of laws,the present situation and existing problems of the judicial determination of electronic evidence in China are analyzed.Using foreign electronic evidence authentication methods for reference,this paper discusses the authentication of electronic evidence in China from three aspects: legal provisions,judicial practice and legal research.The third chapter is the authentication of data evidence evidential power.Starting from the three basic properties of evidence,namely objectivity,legality and relevance,this paper deeply analyzes the requirements of each basic property,narrates the problems of electronic evidence originals,evidence collection procedures and formal relevance,and studies the requirements and methods of electronic data evidential power authentication in China.The fourth chapter is the authentication of electronic evidence probative power.The strength of proof of electronic evidence is directly related to its relevance.In our country,the problem of probative power of evidence is generally left to the discretion of the judge.However,the method of free evaluation of evidence has defects in the determination of the probative power of electronic evidence,and it is necessary to revise the method of judging the probative power.By focusing on Duplex principle,this paper puts forward some suggestions on the certification of electronic evidence in China.The fifth chapter is the impact and prospect of emerging technologies on electronic evidence authentication rules.Through analyzing big data and cloud computing,block chain technology and artificial intelligence,this paper analyzes the evidential power of big data materials from the perspectives of legality,authenticity and relevance.Taking the block chain existing evidence as the breakthrough point,this paper analyzes the authenticity guarantee of electronic evidence in the block chain existing evidence.Based on the four application systems of artificial intelligence,the feasibility analysis and prospect of realizing automatic authentication of electronic evidence are carried out.