On The Authentication Of Electronic Data And The Construction Of Rules In Criminal Procedure

The electronic data of criminal procedure is regard as the new generation of king of data,but it causes confusion in judicial practice in the judgment of electronic data in link of collection,fixed,storage etc,just because of lag of legislation.The core of the dispute is the authentication of electronic data.The authentication of electronic data,which is the prerequisite for adoption,is to verify the identity and formal authenticity of evidence presented and asserted.At present,although scholars have done some research and the ways and means of the authentication of electronic data are constantly improved through judicial interpretation in criminal legislation,the authentication rules of electronic data haven't caught effective attention,such as the distribution of law does not match the judicial practice,and the confusion in judicial practice.The rules should be further improved and perfected.This article discusses the function of the authentication rules and their application of electronic data,the development and legal regulation of authentication rules of electronic data in China,and expounds the problems of authentication rules of electronic data in judicial practice through empirical research method,and puts forward some suggestions for constructing the rules.This article has four parts including introduction and three chapters.The introduction part summarizes the authentication of electronic data according to the‘QVOD case'and points out the problems existing in the judicial practice.The first chapter is The Connotation Of Authentication And Its Application In Electronic Data.This part expounds that the authentication of electronic data is a proof of the identity and formal authenticity through the definition and connotation of electronic data.It is a prerequisite for the admissibility of evidence in common law countries,but in our country,we have not established such system yet.The second chapter is The Current Situation Of Authentication Of Electronic Data.The legal norms are to provide guidance for the judge and the methods of authentication are not perfect enough.Also,there are some problems in judicial practice,such as failing to distinguish between internal and external carriers,poor use of methods of authentication,indiscriminate using rules of rectification when electronic data cannot be authenticated.The third chapter is Construction Of Authentication Rules Of Electronic Data.It is needs to clarify the subject,object and the standard of authentication rules of electronic data,establish methods according to the characteristic of electronic data,establish a system of authentication of electronic data in pretrial conference step by step,application of correctable or compulsory exclusion rules when electronic data cannot be authenticated.