| With the application and development of Internet technology,more and more electronic data is presented in court,becoming the object of cross-examination and the focus of debate.2012 "Civil Procedure Law" will be electronic data as a new type of evidence,but the authenticity of electronic data in judicial practice has been controversial.The main reason is that China’s "Civil Procedure Law" and the relevant judicial interpretation of the authenticity of electronic data lack of systematic and detailed specification,so that the local courts at all levels of electronic data authenticity of the admissibility of the standard is not the same,the same case or the case presents different results,seriously affect the judicial authority.Therefore,strict standardization of electronic data authenticity standards and procedures,for the judge to provide operability of the judge’s guide,for the solution of this practical problem has important significance.The authenticity of electronic data specifically includes the authenticity of the electronic data carrier,the authenticity of the electronic data and the authenticity of the electronic data content of the three levels of requirements.From the connotation,the authenticity of electronic data is not only the form of the real,but also the substance of the real.Looking at the current situation can be found,China’s electronic data authenticity of the lack of legislative norms,not unified,mainly in the electronic data authenticity of the content is incomplete,the identification of the way is not clear,the identification process is not standardized,as well as the lack of rules for the characteristics of electronic data adaptability.At the same time,the lack of supply of relevant supporting systems also led to the identification of electronic data authenticity barriers,specifically including forensic difficulties led to the identification of electronic data authenticity ambiguous,the lack of preservation system to reduce the authenticity of electronic data identified effect,third-party depository qualifications are in doubt leading to the identification of different,the lack of expertise of judges led to the identification of one-sided and formalized.By expanding the scope of electronic data authenticity determination,clear electronic data authenticity determination,standardize electronic data authenticity determination procedures,improve the feasibility of electronic data authenticity determination rules to build a unified and operable specification system,and from the expansion of electronic data forensics subject range,standardization of electronic data preservation measures,unified third-party depository access qualification,the introduction of technical investigation officer system,etc.The supporting measures to guarantee the effect of electronic data authenticity determination. |
