Research On The Authenticity Of Criminal Electronic Data In China

Under the background of the development of electronic technology,the way of judicial proof is also renewing continuously.Human beings have stepped into the era of witness and material evidence from the era of witness,and now into the era of electronic data.The 44 th Statistical Report on China's Internet development was released by the China Internet Network Information Center on August 30,2019.According to the report,the number of Internet users in China as of June 2019 was854 million,that's up from 25.98 million at the end of 2018,up 1.6 percent from the end of 2018,and Internet penetration to 61.2 percent."Our country is about to enter the era of electronic evidence," said professor he Jiahong,who in 2012 explicitly included electronic data in the criminal procedure and the civil procedure as an independent form of evidence,however,there is no detailed regulation on the authentication of electronic data.The dispute on this issue has been existing in the judicial practice as well as the legal theory circle.The electronic evidence is generally legal access,and the case has a certain relevance,the authenticity is "hard wound.".At the legislative level,electronic evidence takes the form of chat records,e-mails,micro-blogs and mobile phone messages on social software such as wechat and QQ,taking wechat evidence as an example,there are three difficulties in the identification of "authenticity" : the difficulty of identification of subject,the difficulty of identification of content,and the lack of identification means.The research object of this paper is the authenticity of electronic data.In order to make the research content more perfect,we select e-mail as the concrete research object,through the court in judicial practice for the authenticity of electronic data used to identify the method of targeted discovery of the existence of problems.In the empirical analysis,the author finds the importance of the authenticity of electronic data,combined with the study of the legislation of electronic data in anglo-american law system,and draws on its practical experience to provide suggestions for the relevant legislation and judicial practice in China.This paper is composed of four parts: the first part analyzes the authenticity of electronic data,grasps the differences between electronic data and other evidence,and finds out its particularity and research difficulties,then the research value of electronic data authenticity authentication is discussed.The second part is mainly about the legislation mechanism of the authenticity authentication of electronic data in the common law system.The third part discusses the problems of the electronic data in the process of the authenticity determination,and raises these problems to the theoretical level.The fourth part is the solution to the third part,and combined with blockchain technology to analyze and solve the existing problems in theory and practice.