电子数据认证的价值选择与制约机制——以刑事诉讼为视角

On the Value of the Electronic Data Authentication and Its Restriction Mechanism——From the Perspective of Criminal Litigation

在对电子数据的认证中,现代技术因素增强了人们对此类证据的信赖程度,强化了裁判者的内心确认,也导致案件的证明过程中,认为电子数据的证明力一般大于其他传统证据。在诉讼中应避免过于追求电子数据的证明效果,在认证时有必要进行公共性价值衡量,使法律规范与诉讼行为获得合理性契合,保证电子数据在刑事证据领域的有序合法运用,使这种新兴证据种类得以规范和完善。

The current ＂Criminal Procedural Law＂ has formally established the legal status of ＂electronic evi- dence＂, which has become one of the common types of evidence in the criminal lawsuits. However, electronic data faces the same and different authentication problems in the application comparing to traditional evidence. In the certification of electronic data, the modem technology has enhanced the people＇ s trust to such evidence, strengthened the judge＇ s confirmation. And it also contributes to the proof in the process of case that electronic data is generally greater than that of other traditional evidence. Therefore, too much pursuing the effect of elec- tronic data should be avoided, public value measurement is necessary in the certification to ensure the reasona- ble agreement between legal norms and litigation and orderly legal use of electronic data in the field of criminal evidence, making this new emerging evidence type regulatory and perfect.