The Proof Function and Practical Response of Confessions in the Identification of Information Network Crime Cases
In the new era of intelligent and high-quality development,electronic data has gradually become an indispensable form and connotation of evidence in criminal justice.Massive electronic data has made the position of confession in the evidence structure and the function of the proof system different from the traditional practice.The proof function of confession began to gradually change to assist in determining the identity of the accused,improving the acceptance rate of electronic data,and consolidating the proof system of the whole case.As a direct evidence and verbal evidence,the function of confession proof must be based on the voluntary,true and legal basis of confession content.Otherwise,it will alienate the concept of litigation,damage the effectiveness of litigation,and even fall into the shackles of the case proof system under"zero confession".Therefore,we must take a rational attitude towards confession,constantly explore the procedural path to reduce the reliance on confession,establish an electronic trace identification method,enhance the probative force of electronic data itself,and introduce the criminal presumption system of cybercrime,so as to better play the probative function of confession in the current governance of information network crime cases.
information network crimeoral confessionelectronic dataproof function
万方数据
维普
