The admissibility of digital duplications and the judicial use
Digital duplications are a common form of evidence in judicial practice.Although there are legislations on the admissibility of digital duplications,most of these legislations are derived from the traditional rules of documentary evidence,and neglected the separability and precise reproducibility of electronic data.Therefore,the determination of the admissibility of digital duplications should be based on the clarification of the concept and scope of digital duplications,and along with further exploration into the basic principles,admissibility conditions,authentication conditions,etc.At the same time,the judicial use of digital duplications also encounters problems such as the confliction with the traditional best evidence rule,the neglect of digital duplications'judicial admissibility conditions,the neglect of the rules of electronic data's admissibility through legal fiction,etc.In the coming digital era,the best evidence rule shall be reconstructed;the evidence theory shall be centered on the admissibility;and the conditions of the electronic data's admissibility through legal fiction shall be made clear.By doing so,the standardization of the judicial use of digital duplications will be promoted,and digital justice will be finally achieved.
Digital duplicationsElectronic data originalsAdmissibility of evidenceEvidentiary authenticityThe best evidence rule
NETL
NSTL
万方数据
