The dilemma of the examination of electronical evidence in online criminal trials and the path to optimization
As a product of the deep integration of network technology and judicial procedures,electronical evidence has greatly improved the fluency and efficiency of online litigation.However,it also contradicts with litigation theories such as the principle of direct and verbal trial,the best evidence rule,and the hearsay evidence rule.At the same time,due to constraints from subjects,technology,and relevant rules,electronical evidence faces practical challenges,which negatively impact on the practice of online cross-examination.For example,the insufficiency of the defense's litigation participation ability causes online cross-examination becoming formalistic;Technical barriers lead to unsatisfactory online cross-examination;Difficulties in identifying electronical evidence and originals make online cross-examination more challenging.In response to these challenges and risks,it is necessary to clarify the admissibility of electronical evidence based on the"dual access"principle,to reinterpret traditional evidence rules by incorporating new connotations of the new era,and to take corresponding measures to ensure the process of transforming evidence materials to electronical evidence to be normative,legal,and implementable,so as to promote the maturity of online litigation mechanisms.These measures mainly include:enhancing the defense's litigation participation ability so as to provide litigant's ability support in guaranteeing the effectiveness of online cross-examination,solving technical problems of electronical evidence so as to provide a stable cross-examination environment for online litigation,and optimizing the rules of electronical evidence examination so as to provide legal support in guaranteeing the effectiveness of online cross-examination.
NETL
NSTL
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