| The 21st century represents a new era featuring information technology,and the computer information system with the computer network as the core has become the main position for people’s communication.Electronic data is the subsequent product generated by the development of information technology,which objectively record people’s activities and information in the computer system.In the field of criminal justice,electronic data is a key piece of evidence to identify facts and accuse crimes.It plays an increasingly important role in the process of modern judicial practice.This signals that we are about to enter another new era of judicial proof,namely the era of electronic data.Electronic data is changing the concept of proof at an unprecedented speed,influencing the practice of judicial review and leading a profound change in the system of proof of evidence.This paper mainly focuses on the review of electronic data authenticity,combining relevant cases and reflecting on related issues.Aside from the preface and conclusion,the article is divided into four parts.In the first part,the unique characteristics of electronic data are analyzed,and the focus of the review is clarified by analyzing the factors that influence the authenticity of electronic data.In the second part,the rules of electronic data authenticity review in the United States and Canada are examined.From the perspectives of electronic data best evidence rules,forensic rules,integrity presumption rules,disclosure rules,the researcher absorbs and learns from the achievements of foreign rule of law cases,and strives to provide certain inspiration and reference for the development of electronic data authenticity review rules in China.The third part,China’s electronic data authenticity review problems,combined with the real cases in judicial practice,are reflected from the four aspects of electronic data authenticity review rule system,review content,review mode and review order.It is believed that the current problems of electronic data authenticity review are mainly that the review rules are not a system;and the conflict between the original electronic data and the traditional original rules in the review,the neglect of the review of the coherence of the chain of custody of electronic data,the difficulty of the review of the integrity,the way of authenticity review,the unclear order of electronic data authenticity review and other aspects.In the fourth part,in view of the above problems,corresponding solution and suggestions are put forward.In addition to the construction of systematic authenticity review rules,in terms of the content,the establishment of electronic data originals and copies of the effectiveness of the same rules,the focus on the review of the consistency of the chain of custody of electronic data,and the introduction of electronic data integrity presumption rules are necessary.Regarding to the electronic data authenticity review method,it is recommended to effectively connect procedural regulation and technical measures,to formulate diversified electronic data authenticity review methods,and supplement the electronic data identification rules.As for the electronic data authenticity review order,it should be reviewed in accordance with the order at different levels. |
