Research On The Verification Of The Authenticity Of Electronic Data

According to the 42 nd "Statistical Report on the Development of China's Internet Network" released by the China Internet Network Information Center on August 12,2018,as of June 2018,the number of Internet users in China was 802 million,and the number of new Internet users in the first half of the year was 29.68 million.Compared with the end of 2017,the increase of 3.8% and the Internet penetration rate reached 57.7%.The rapid development of China's Internet is evident.With the development of the network,electronic data came into being and played an increasingly important role in the litigation process.For example,in the Chinese refereeing paper network,enter the two keywords "electronic data" and "judgment" from the search results.It is found that from the 1st judgment in 2007 to 58 judgments in 2012 and to 5041 judgments in 2017,the role of electronic data in judicial practice is becoming more and more important.Professor He Jiahong believes that In the history of judicial proof,human beings have entered the era of 'human witnesses' from the era of 'sacred witnesses';and from the era of 'personal evidence' into the era of 'material evidence'.Perhaps we are about to enter another new judicial certificate.The era,the era of electronic evidence.The revised Criminal Procedure Law and the Civil Procedure Law in 2012 all proposed electronic data as an independent form of evidence.However,in judicial practice and in the theoretical world,the authenticity of electronic data has always been controversial,and there is no clear definition of rules.And the variety of electronic data,only the legislative level has e-mail,electronic data exchange,online chat records,blogs,micro-blogs,mobile phone text messages,electronic signatures,domain names and other different types of evidence,in order to make the research object more clear,the author first select The e-mail is analyzed as a specific research object,and the empirical analysis shows the ways and problems of the court in the process of authenticity of e-mail.These questions can also represent the universal problem of authenticity of electronic data.The practice of extraterritorial legislation finally gives perfect suggestions for the problems in the authenticity of electronic data.This article is divided into four parts:The first part is an introduction to electronic data,focusing on the connotation of the concept of electronic data and the analysis of the characteristics of electronic data itself.The second part,through empirical analysis and research,specifically understands the way in which the court determines the authenticity of the e-mail,as well as the problems that arise in the process of identification,and raises the problems to the general level of electronic data.The third part of the extraterritorial analysis first introduces how the extraterritorial Anglo-American legal system and the typical countries of the civil law system conduct the electronic data authenticity determination at the legislative level,and then summarize the identification methods of the two major legal systems.The fourth part is to improve the problems raised in the second part,especially in combination with the blockchain technology to analyze and solve the existing problems on the theoretical and practical levels.