Research On The Rule Of Evidential Competency Of Electronic Verbal Evidence In Criminal Procedure

Electronic verbal evidence refers to verbal evidence recorded in electronic form,which is favored by judicial practice because of its vivid and direct "movie immersion" characteristics.It is widely used to prove the legality of evidence collection,confirm written verbal evidence and replace verbal statements in court.Defenders often question the reliability of electronic testimony on the grounds that it may have been altered or altered,selectively recorded,illegally obtained using technical investigative measures,and witnesses have not appeared for crossexamination.At the same time,the electronic nature of electronic testimony makes the content of electronic testimony more vivid and intensifies the influence of its hearsay on the judge’s free psychological evidence,which makes the trial cross-evidence nihilistic and is not conducive to the realization of the substantive trial.In view of the unreliability factors of electronic speech evidence,the ADmissibility rules such as authentication rule,hearsay evidence rule and illegal evidence exclusion rule are adopted in Britain and The United States,while the evidence capacity rules such as direct speech principle and evidence prohibition rule are adopted in Germany to regulate and adjust.Although the United Kingdom emphasizes the fixed oral testimony of the parties and witnesses by electronic testimony evidence,its substantive application scope is limited considering its hearsay.The United States faces resistance to exempting electronic testimony from witnesses in court as hearsay.Germany has legislated that electronic word evidence can be accepted only when it is used for the purpose of criminal investigation and for the purpose of investigating the truth,and at the same time,it must accept the same regulations as written word evidence.However,under the legislative tradition of neglecting evidential capacity and emphasizing evidential power,there is a lack of evidential capacity rules to regulate the unreliability of electronic speech evidence in China.Those electronic verbal evidence that lack the guarantee of identity and legality are likely to mislead judges and go against the guarantee of human rights when witnesses do not appear in court to testify and cannot effectively cross-examine.Therefore,in order to regulate the unreliability of electronic speech evidence,China should refer to the excellent experience of foreign countries,explore the establishment of electronic speech evidence verification rules,court rules,and improve the exclusion of illegal evidence rules and promote the implementation of the rules.In the first chapter,the concept of electronic speech evidence is defined,and the characteristics of electronic speech evidence are sorted out by distinguishing electronic speech evidence from traditional speech evidence and electronic data.The second chapter is about the practical application of electronic speech evidence in China.Through empirical research,this paper summarizes the purpose of using electronic speech evidence in judicial practice and the existing unreliable factors,so as to analyze the influence of the use of electronic speech evidence on the substantive trial.The third chapter compares and analyzes the applicable rules of electronic speech evidence in Britain,the United States and Germany,providing reference for the construction of future rules in China.In chapter four,it is revealed that there are some deficiencies in the evidential capacity rules of electronic speech evidence in China,such as the absence of authenticity rules,the unrestricted access to court and the limitation of the application of the exclusionary rule of illegal evidence.The fifth chapter explores the construction of China’s electronic speech evidence authentication rules and court access rules,further improve the illegal evidence exclusion rules.