Research On The Determination Rule Of Electronic Evidence Authenticity

Human beings have entered the information age,and the breakthrough in the existence and acquisition of information makes the research of evidence law and evidence legislation face multiple tests.Civil disputes are showing a trend of being networked,and the electronic information existing in the network or electronic equipment plays an increasingly important role in determining the facts of the case.If the forged electronic information is not excluded and used as evidence,it will cause the judge to make a wrong judgment,and it is very important to correctly determine the authenticity of the electronic evidence.Before the Supreme People's Court revised the "Several Provisions on Evidence in Civil Procedure",the rules for determining the authenticity of electronic evidence were basically blank.After the establishment of the Internet Court,there is a large deviation between the ordinary court and the Internet Court regarding the determination rate of the authenticity of electronic evidence.From the comparison of the case analysis,it can be seen that in China's actual trials,different judges have deviations or even contradictions on the reasons for determining the authenticity of electronic evidence,confusing the examination of evidence qualification and probative power,and avoiding the authenticity determination by correlation determination.This article takes case analysis,literature analysis,and extra-territorial comparison as the main research methods,and distinguishes the form of evidence from the true truth as the theoretical basis.It denies the theory that electronic evidence is "easy to be distorted",and clarifies the form of electronic evidence.The theoretical basis for the judgment of the substantive truth by judges in combination with other evidence.By investigating and drawing on the relevant rules on defining the original,characteristics and presumption of authenticity of electronic evidence from outside the region,redefining the essential characteristics of electronic evidence,the meaning and authenticity of the original,and proposing the establishment of an appropriate electronic evidence custody system to regulate the parties 'way of proof Emphasis on cross-examination of electronic deposit technology and improvement of court informatization and identification technology,through the establishment of electronic evidence to presume the true situation,inspect the qualifications and operations of depository institutions,identify the uniqueness of electronic evidence,and notarize electronic evidence to identify electronic aspects Evidence authenticity,in order to construct China's electronic evidence authenticity recognition rules.In addition to the introduction and conclusion,the article consists of four chapters.The first chapter of the main body analyzes the collected 1,452 judicial judgments and sorts out the specific reasons for conclusion,summarizes the current status of the trial of the authenticity determination of electronic evidence by ordinary courts and Internet courts,analyzes the causes of the status quo,and concludes that the rules for authenticity determination of electronic evidence in China which three aspects should be considered: how to define the original evidence,how to prove the authenticity of electronic evidence,and the role of notarization in determining the authenticity of electronic evidence.Chapter II,expounding the connotation and identification method of the authenticity of evidence,analyzing the essential characteristics of electronic evidence and the connotation of the authenticity of electronic evidence,clarifying the authenticity of electronic evidence should distinguish formal authenticity and objective truth,and discern the authenticity of the form through judicial proof The substantive truth is judged by the judge based on other evidence,and explains the application of the evidence rules to the authenticity determination of electronic evidence.The third chapter is the reference for extraterritorial experience.It examines the relevant provisions of the US Federal Evidence Rules and Canada 's Uniform Electronic Evidence Act,sorts out useful experiences,and draws on the characteristics,originals,and presumed true systems of electronic evidence from two extraterritorial laws The concept should focus on the contents of consideration when constructing the rules for authenticity determination of electronic evidence in China.The fourth chapter,according to the judicial status of our country,it is necessary to redefine the essence,original and authenticity of electronic evidence.Establish an appropriate electronic evidence custody system to eliminate deviations in the determination of ordinary courts and internet courts due to different trial models.Finally,it puts forward specific suggestions for constructing the rules for determining the authenticity of electronic evidence in China from three levels: proof,cross-examination and certification.