电子证据在刑事诉讼中的收集与认证

On Collection and Verification of Electronic Evidence in Criminal Procedure

基于计算机和互联网的犯罪案件急剧增长,由此形成的电子证据给诉讼中的证明提出了挑战。刑诉法修正案将电子证据增加为一种证据种类,但是,电子证据的收集与认证与传统证据既有相同之处又存在着很多的不同。电子证据的保护、搜查扣押、实时收集与鉴证等是传统调查方式无法取代的,也不能完全使用传统方法进行。依靠电子证据定案既要追求客观真相、依靠科学的证明,又要遵循既定的程序性规则,从而对电子证据的证明能力和证明力进行判断。

The wide use of computers and the Interuet has led to convenience of communication for people, also has led to new crime means in this current society. The rapid increase of computer crimes brings many challenges for verification of electronic evidence in criminal procedure, so the new criminal procedural law provides a new kind of evidence for electronic evidence. The collection and verification of electronic evidence has many similarities to conventional evidence, but also difference between them. The conventional rule of evidence in criminal procedure is not applicable for protection, search and seizure, real time search, and identification of electronic evidence. When the verdict is passed proving power of electronic evidence, based on procedure rules. upon electronic evidence, it must judge evidential capability and scientific principles to pursue the objective truth, and the vested