Construction of electronic data authentication rules-an analysis centered on formal relevance
Authentication,as a preliminary examination of admissibility,fits the need of the procedural guarantee of the electronic data's admissibility in criminal proceedings,meets the purpose of formal relevance examination,and plays an important role in setting the threshold of admissibility.However,in practice,the domestic inaccurate comprehension of the concept of authentication,results in an unclear understanding of the nature of the burden of proving authentication,the alienation of the standard of proof,and the constraint of the usage of authentication methods.So there is large room for improvement.In order to safeguard the admissibility of electronic data in criminal proceedings,it is necessary to establish authentication rules which are centered on formal relevance,create the rules of proof burden allocation based on evidence control and evidence extractors,and establish a high degree of preponderance standard in the context of criminal proceedings.Skillfully applying the proof method which integrates the external authentication and self-authentication could be a more appropriate and systematic solution.
Electronic dataAuthenticationFormal relevanceHigh degree of preponderanceSelf-authentication
NETL
NSTL
万方数据
