Research On The Authentication Of Criminal Electronic Data

Electronic data is a novel form of evidence derived from information technology,making it the new "king of evidence" in the era of mobile internet.Digital evidence authentication refers to the activity of proving electronic data from the perspectives of identity and formal authenticity.It is a prerequisite for determining whether it can be admitted as evidence.By enhancing the electronic data authentication system,accuracy in establishing facts can be improved,promoting equal confrontation between prosecution and defense,rectifying the unfavorable trend of "weighing substance over procedure" in China’s electronic data examination and judgment,and to some extent enriching the legal system of evidence.The full text consists of an introduction,main content,and conclusion,with the main content divided into four sections as follows:The first section starts with core concepts,defines relevant terminology related to electronic data authentication,and clarifies the characteristics of authentication evidence and the dual carrier nature of electronic data.Additionally,it elaborates on the characteristics of electronic data authentication and its litigation value.The second section adopts a problem-oriented approach,through an analysis of our country’s legal norms and a summary of judicial practical experience,it identifies several issues that still exist in the current criminal electronic data authentication system in China.These include the passive initiation of the electronic data authentication procedure as presented by the prosecution,posing a risk of formalization of the authentication process;inadequacy of existing authentication methods to adapt well to the complex characteristics of electronic data itself;and unclear authentication standards and legal consequences.The third section uses the United States,the birthplace of this system,as a comparative legal study subject.Through research into dimensions such as the American electronic data authentication procedures,methods,and evidentiary standards,it seeks to identify both the advantages and limitations.This study combines China’s judicial reality,conducting a dialectical analysis and selectively drawing from these findings.The fourth section builds on China’s current issues to enhance our country’s electronic data authentication system.To overcome the challenge of initiating authentication,it proposes starting from the logical point of assuming that electronic data lacks formal authenticity and setting a reasonable authentication initiation procedure;refining authentication methods for the presence of witnesses in court and the preservation chain of evidence;optimizing unique characteristics and presumptive authentication methods based on the inherent nature of electronic data at two levels;leveraging blockchain technology to redefine the integrity of evidence preservation chains,breaking the dependence on transcript evidence;clarifying the authentication standard for advantageous electronic data evidence;establishing a principle of mandatory exclusion with remedial measures as an exception for the legal consequences of "authentication inability."...