Rules And Methods Of The Judgment Of Criminal Electronic Evidence

The rapid development of computer and network technology have given birth to the era of electronic evidence.The three major litigation laws have gradually increased electronic evidence into a new type of independent evidence.In criminal cases,we are meeting many problems with the judgment of electronic evidence.Electronic evidence is different from traditional evidence.In order to adapt the new situation and new requirements in judicial practice and to solve new problems encountered in the process of electronic judgment,it is necessary to study the rules and methods of criminal electronic evidence's review and judgment.To study these rules and methods,we must start to define the scope of electronic evidence.On the basis of understanding the position of electronic evidence in the criminal evidence system,we must summarize the application of electronic evidence focused on criminal cases.In the judicial practice,it is difficult to determine the authenticity and the relevance of the electronic evidence and to keep balance on rights and interests.Research is imminent to solve series of problems such as lack of relevant rules,insufficient technical staff,backward technology and equipment,etc.The review and judgment of electronic evidence cannot be separated from the objectivity,relevance,and legality of electronic evidence.As far as the review and judgment of electronic evidence in criminal cases is concerned,these three attributes of evidence must be provided at the same time.In addition,there are common characteristics in the application of traditional evidence and electronic evidence in judgments,electronic evidence's review and judgment also has its unique rules.As far as its review and judgment methods are concerned,there are certain similarities with other traditional evidence review and judgment methods.However,due to the particularity of each stage of electronic evidence in collection,transfer,review and judgment,its review and judgment methods are also worthy of induction.Criminal evidence is the basis of the entire litigation activity.Examining and judging criminal evidence is an inevitable requirement in handling cases to convey fairness and justice.Electronic evidence has its independent evidence value,and its rules and methods of review and judgment can also solve the related problems of the application of electronic evidence in criminal cases.Traditional evidence rules,such as the rules of authenticity,exclusion of illegal evidence,hearsay rules,and best evidence rules,have played a role in the process of reviewing and determining electronic evidence.Whether in common law countries or in civil law countries,most of these rules is required.In addition,in the process of review and judgment,rules such as complete verification,technical standard principles,identity uniformity principles,provision of obligations and protection of private rights must also be followed.The method of criminal electronic evidence's review and judgment is also increasingly important in the identification of criminal cases.The specific methods include the link review method,inspection method,appraisal method,presumption method,corroboration method,and simulation test method.