| The principle of evidence judgment is an important principle in criminal procedure.With the social development and technological progress,the form of evidence is also updating day by day.Electronization and informatization are changing all aspects of people and society.The proportion of electronic data stored in the form of data in criminal proceedings has also increased significantly,and its role in criminal proceedings is becoming more and more important.Some scholars even call electronic data the "king of evidence" of the new generation.The examination and identification of electronic data is a key issue in the field of criminal procedure evidence.Compared with traditional evidence,electronic data has special attributes such as virtual space,systematicness,stability and diversity.The authentication of electronic data is also quite different from that of traditional evidence.At present,the authentication rules of electronic data in China have some problems.such as low legal level.fuzzy object of examination and single way of examination,which still need to be further improved.This paper focuses on the authentication of electronic data,defines the meaning of electronic data,the meaning and function of authentication,combs the problems of China’s authentication rules,points out the problems existing in the current authentication rules,and puts forward specific improvement suggestions.This paper is divided into four parts:The first part is the authentication of electronic data and its function.Based on the views of different authors,this part defines the concepts of electronic data and authentication,explains the function of authentication,and defines the important role of authentication in electronic data examination.The second part is the authentication rules of electronic data in China’s legal rules.By combing the legislative evolution and main provisions of China’s legal rules,this part analyzes the main contents of China’s authentication and the characteristics of the current authentication rules.The third part is the problems existing in the authentication rules of electronic data.This part points out the problems existing in legislation and practice,for example,the lack of independence of authentication rules,the unknown object of authentication,the imperfection of authentication methods,and the inappropriate standard of exclusion rules,which lead to the poor operation effect of some rules in practice.The fourth part is the suggestions on the improvement of authentication rules.Firstly,we should improve the relevant legislation and establish an effective authentication system and authentication standards;Secondly,we would have to authenticate the external carrier and data of electronic data according to its characteristics;Thirdly,we should also improve the relevant systems such as presumptive authentication and judicial expertise;Finally,we should take the identity of electronic data as the standard,establish the exclusion rules with mandatory exclusion as the principle and supplement as the exception,and clarify the legal consequences of violating the authentication rules and the legal binding force of the authentication rules. |
