Research On Identification Of Electronic Data Proving Force

As the society enters the era of electronic information,the frequency of electronic data in judicial practice is increasing.Many cases are difficult to finalize without the evidence of electronic data.In addition,with the establishment of China's Internet court,most of the evidence is submitted in the form of electronic data.It can be seen that the importance of electronic data is increasing in practice.At the same time,the application of electronic data is also facing various difficulties.China's relevant regulations on electronic data cannot solve the problems caused by the uniqueness of electronic data,such as factors affecting the power of electronic data and how to determine the power of electronic data.However,most of the scholars' researches focus on the research of electronic data evidence ability,and the number of scholars who research on the power of proof is relatively small.From this we can see that the current proof of electronic data lacks research in science,and lacks legal regulation in practice.In order to be able to effectively solve the problems brought about by the power of electronic data,and in order to use electronic data in a rule-based manner,the problem of determining the power of electronic data is studied here.First,there are three factors that determine the probative power of electronic data: relevance,reliability,and integrity.Then,through literature method,comparative analysis method and case analysis method,the existing problems are analyzed from three aspects of relevance,reliability and completeness.From the perspective of relevance,the status of relevance among the three aspects in the theoretical world has not received enough attention at present,and it has not paid attention to the special nature of relevance to electronic data.There are also problems in the determination of relevance in practice.First,there is uncertainty in the collection and storage of electronic data.Secondly,because of the complexity of the criteria for determining relevance,the difficulty of proof is very easy.From the perspective of reliability,the lack of a unified and clear identification standard is one of the important reasons that makes it difficult to determine the reliability of electronic data in practice.At the same time,the lack of proper technical guarantees also makes the electronic data certification power decline.In addition,due to the conflict between traditional regulations and the modern product of electronic data,the issue of “original” and “reproduction” has been discussed,and there is no rule to avoid this issue when discussing reliability.From the perspective of completeness,there are two main problems.One is the lack of professionals in the series of evidence identification,transmission,preservation,and display.The other is the problems caused by the way evidence is presented.Secondly,in order to solve the above-mentioned correlation problem,it is mainly solved from the perspective of constructing a relatively complete forensic system.In addition,it borrows foreign logic tree theory in order to more effectively guarantee the correlation of electronic data.In terms of reliability,the current research and studies are difficult to solve the technical problems,so here we only discuss from the perspective of identifying standards to find a solution.For the two major issues in integrity,the support of professionals and technology is inseparable,so the focus is on building a professional platform and introducing professionals.Finally,it is hoped that the above questions and contents can be helpful to the difficulty of determining the power of electronic data in practice.