Research on the Rules of Electronic Data Evidence Authentication

Jing HUANG, Jingyuan WANG

Abstract


As a new type of evidence, electronic data has been fully confirmed in the legislative aspects of the three major procedural laws. However, there are still some problems in the judicial level, such as the lack of unity of meaning, the uncertainty of attribution and the lack of certification standards. The lack of certification standards is the most intractable problem. In this paper, the author uses the method of theoretical research and empirical research to analyze the judicial application of electronic data evidence, the existing problems, the causes and the corresponding solutions. The author suggests that the electronic data authentication specification should be set up as soon as possible, and the concrete practical work of the judges should be guided from two aspects of principles and rules, so that the concept of judicial standardization and the concept of free heart proof of judges are fully played in the field of electronic data evidence application.


Keywords


Electronic data; Empirical analysis; Evidence authentication; Rule principle

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References


He, J. H. (2013). The application of the exclusionary rule of illegal evidence requires judicial judgment. The Jurist, (2).

Li, X. J., & Zhu, M. N. (2014). Empirical research on electronic data authentication. Beijing Social Science, (9).

Li, L. (1999). On the influence of the proof ability of criminal evidence on the proof power. The Peking University Law Journal, (4).

Mai, Y. H. (2011). The practice of forensic authentication of electronic data (p.34). Law Press.

Morgan. (1982). The basic question of the law of evidence (p.48). Taipei: World Bookstore.




DOI: http://dx.doi.org/10.3968/9951

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