Research On The System Of Criminal Electronic Data Authentication

With the continuous development of information technology,the application of electronic data has become more and more extensive in the field of criminal proceedings.However,electronic data is different from traditional evidence.Compared with traditional evidence,electronic data is intangible,fragile,and high-tech,making it more difficult to determine whether the electronic data obtained by investigators has changed.The authentication of electronic data is particularly important.Since my country’s electronic data authentication system has not been clearly established,its essence is the judge’s review and judgment of evidence,so there are still many problems in practice.First of all,the thesis has carried out a detailed conceptual combing of the electronic data and authentication system.On the basis of summarizing the connotation and extension of electronic data,the author also explained its authenticity in detail.The thesis points out that the authenticity level is the prerequisite and basis for the development of the authenticity system.Clarifying the authenticity level can provide a more thorough understanding of the meaning and object of authenticity.Electronic data authentication is actually derived from physical authentication.Since our country has not clearly established a authentication system,the definition and interpretation of physical authentication are not all the same.Based on the similarities,the author intends to summarize the general meaning of electronic data authentication.At the same time,a simple analysis of the limitations of electronic data identification is carried out,which is of great help in explaining the role of identification in the following text.Moreover,a brief distinction is made between the authenticity of electronic data and the judgment of authenticity review,because there is still some confusion between the two at present.Secondly,it analyzes the current situation of electronic data authentication in China.This thesis lists all the laws and regulations related to electronic data authentication in detail,and distinguishes them according to the time point in 2016.2016 is a year of great attention and development of electronic data authentication system in China.The QVOD Player Case has triggered a reflection on the authenticity of electronic data,which has been remedied through legislation.In recent years,the application rate of electronic data verification in judicial cases has increased significantly,which shows that investigative agencies have increased their professional awareness of electronic data collection and extraction,and prosecutors have increased their professional awareness of proactive verification.Secondly,the comprehensive analysis of electronic data authentication in related cases shows that there are still many problems in my country’s judicial practice.From the side,it can be seen that my country’s electronic data authentication system still has many shortcomings.Then the thesis focuses on the analysis of the limitations of the existing electronic data authentication system.Through the case analysis in the previous chapter,the author found that my country has not yet established the logical premise of presumed untrue,which led to the prosecution’s low awareness of actively authenticating.Secondly,there are doubts about the authenticity of electronic data under different forensic modes.There are many controversial views in theory and judicial practice.The overly vague regulations on the scope of application of electronic data forensics methods,the lack of standardized regulations for the evidence collection,and the imperfect chain of custody of evidence have all contributed to the lack of assurance of electronic data authentication.The imperfection of authentication methods and the unclear exclusion criteria for authentication failures are also the main problems of electronic data authentication.From the elaboration and analysis of the above limitations,the author analyzes the reasons for its existence,mainly including two aspects.First,the nature of criminal electronic data authentication is not clear.Because our country has not established the authentication system clearly,the content hidden in the examination and judgment of electronic data presents the characteristics of scattered and fuzzy,which leads to the different understanding between the judge and the relevant parties,and the great difference between the theory and judicial practice.Secondly,due to the unclear legal provisions and the unclear nature of authentication,as the judgment subject of authentication standard,the judge’s discretion is too large in the judicial practice.The above two reasons cause many problems in the existing electronic data authentication.Finally,it is the basic idea of constructing the electronic data authentication system.This part is the core of this thesis.According to the previous analysis,China has not established a more perfect rule system for the electronic data authentication system.The author intends to put forward several basic solutions as the theoretical premise of the construction of authentication system.Specifically,it includes determining the object of authentication and clarifying the standard of authentication,clarifying the principle of forensics and refining the relevant process of forensics,creating a multidimensional and three-dimensional way of authentication,improving the exclusion standard of authentication and establishing the basic principle of electronic data authentication.