Research On The Authenticity Protection Of Electronic Data In Criminal Proceedings

Electronic data,as one means of judicial proof,essential to guarantee the authenticity of the form,which requires its essence remains the same and available state.Recently,the " Qvod Player case" is controversial.And the indisputable fact is that the electronic data evidence in that case is flawed.It reflects the fact that China's electronic forensic technology capabilities and the legal system is not perfect.Forensic awareness and safeguard mechanisms to protect the authenticity of electronic data has not yet formed.Guarantee the authenticity of electronic data evidence related to the various stages of obtaining evidence,storage and transformation,etc.We must complete e-discovery processes and technologies,promote electronic data forensics technology development and standardization system,so as to strengthen the awareness of the forensic,forensics and regulatory capacity and to ensure the authenticity of electronic data.The purpose of this paper is to study the authenticity of electronic data and to construct a scientific mechanism to guarantee the authenticity of electronic data with a view to break through the judicial practice of the authenticity of electronic data barriers.Electronic data in the judicial application of authenticity has repeatedly been questioned.The establishment of the corresponding authenticity protection mechanism can reduce the emergence of such a situation to a certain extent.The judicial application of electronic data can effectively prove the facts of the case and improve the efficiency of litigation and save judicial resources.Moreover,the authenticity of electronic data protection system theory also belongs to the electronic data evidence theory system.Perfecting the guarantee theory of authenticity of electronic data is also a supplement to the whole theory of evidence law,which has considerable theoretical significance.Based on this,this paper is divided into the following chapters.In the first chapter,the basic characteristics of electronic data are analyzed and explained.Because the electronic data itself has the attributes,essential characteristics and other types of evidence is the key difference between each other.This is the basis for the legal regulation of the authenticity of electronic data.And then the concrete meaning and content of the authenticity of electronic data to explain in detail to clarify the authenticity of electronic data connotation and denotation.Finally,the concept of authenticity similar to electronic data is analyzed,with a view to more clearly define the specific meaning of the authenticity of electronic data.In the second chapter,we study the specific use of electronic data in various stages of criminal proceedings,that is,the use of electronic data in the process of evidence acquisition,evidence storage,evidence analysis,evidence,etc.,and then analyze the loss of electronic data in various stages The risk of authenticity.This part is a comprehensive and careful study and analysis of the judicial practice of electronic data in the criminal procedure in our country.With a view to a comprehensive discovery of the existing criminal proceedings in our country there are all kinds of electronic data authenticity hidden.In the third chapter,the author analyzes the reason of losing the authenticity of the electronic data in our country.Digging the criminal proceedings in our country the existence of adverse electronic data authenticity of the many problems.So as to find out the source of the problem which affects the authenticity of the electronic data in the course of our country's criminal procedure and lay a solid foundation for the perfection of the electronic data authenticity guarantee mechanism.The fourth chapter is to study the more mature electronic data system in foreign countries,mainly aim at the United Kingdom and the United States,and dig out the relevant mechanism of foreign guaranteeing the authenticity of electronic data.This paper examines the electronic data authenticity guarantee system and corresponding legislation in the UK and US legal systems.Mainly the British and American writ search system,evidence display system and evidence custody chain system.So as to provide valuable reference experience for the construction of our country electronic data authenticity guarantee system.The fifth chapter studies the technical requirements and legal requirements for the authenticity guarantee of electronic data,that is,the specific technical support and legal support to guarantee the authenticity of electronic data.On the basis of the above research,the author clarifies the specific risk of the loss of authenticity of electronic data in foreign criminal litigation and the specific requirements of ensuring the authenticity of electronic data,draws lessons from extraterritorial experience and combines the actual situation of our country,at the national legal level and trade association level From the legal,regulatory,technical specifications and other perspective to build the authenticity of the corresponding electronic data protection mechanism.