Research On The Problem Of Electronic Data Authentication

Authentication is a system to judge the authenticity of physical evidence,connoisseurship is one of the basic conditions for physical evidence to have the ability of evidence.Electronic data refers to all materials and their derivatives that exist in virtual space,exist in digital form,and are used as evidence.Electronic data belongs to the category of physical evidence,electronic data in the court as evidence in the use of the need to meet the authentication requirements.Authentication requires the electronic data presented in court to be identical,complete and authentic,which truthfully reflects the real situation of the electronic data.The virtual spatial and procedural characteristics of electronic data make its authentication more complex than traditional physical evidence such as material evidence and documentary evidence.Through case statistics and analysis,it is found that at present,in the criminal proceedings,there are mainly three problems in the identification of electronic data,namely,the level of identification object is not clear,the identification method is not consistent with the particularity of electronic data,and the legal consequences of identification are not clear.According to the differences of objects,the authentication of electronic data is divided into three levels: carrier authentication,information authentication and content authentication.The identification of carrier is applicable to the electronic data that has been impounded with the original storage medium,and the electronic data carrier that is required to be presented in court is identical with the original storage medium.The purpose of carrier authentication is to prove that the electronic data information carried by the carrier meets the requirements of authentication,which is indirect and presumptive authentication.Carrier authentication is the embodiment of the best evidence rule in electronic data authentication.Information authentication is applicable to the electronic data of the duplicates,and the electronic data information in the duplicates required to be presented in court is consistent with the original information.Information authentication plays a fundamental and link role in electronic data authentication.The key of information authentication is the integrity of electronic data information.Content authentication is applicable to electronic data converted into written form,and the written documents required to be presented in court truthfully reflect the real situation of electronic data.In essence,the authentication of electronic data content belongs to the problem of fact finding.The process of content authentication embodies the concept of proof.There are three main methods of electronic data authentication: documentary evidence,witness supervision and circumstantial evidence.The documentary evidence proves that it is the most widely used in judicial practice,but there are some problems such as formalization and neglect of technical methods.Witness supervision is mainly applicable to carrier authentication and information authentication,which has its own limitations in time and subjectively.The circumstantial evidence of appraisal opinion is aimed at the professional problem of electronic data appraisal.External electronic data authentication methods mainly include: testimony authentication of informed witnesses,authentication of data characteristics,authentication of professional equipment.It is necessary to perfect the method of electronic data authentication by requiring the record producer to testify in court,information integrity check and preposition,and uniform professional equipment.The authentication of electronic data mainly focuses on the evidential ability,but not on the evidential ability.Through this specific judicial process,jianzhen aims to ensure that the electronic data involved in the case is properly used in the court,so as to avoid misleading the court with the electronic data that does not meet the requirements of authentication,so as to cause errors in the determination of facts.Compared with material evidence,documentary evidence and other traditional physical evidence,electronic data authentication has distinct procedural characteristics.In the legal consequences of the inaccuracy of electronic data identification,the procedural influence is mainly manifested in the limitation of judges' discretion.Electronic data authentication can not be divided into the compulsory elimination of electronic data and electronic data defects correction.The term "compulsory exclusion of electronic data" refers to the electronic data whose authentication cannot be obtained because of serious violation of legal procedures.In order to enhance its operability,the empirical method should clearly and forcibly exclude the scope of electronic data in a typed way.Identification can not be excluded and illegal evidence exclusion has independent value.The evidence of defects in the authentication of electronic data refers to the electronic data that has immaterial defects and can be corrected by certain measures.In judicial practice,the corrections defective evidence methods should be diversified.