| The three dimensions of authenticity of electronic evidence refer to the authenticity of the carrier of electronic evidence, the authenticity of electronic data and the authenticity of the content of electronic evidence. The three dimensions of authenticity of electronic evidence have different connotations, which lead to different rules and requirements on evidence collection and examination in court. This redefinition theory helps to uncover four basic problems in Chinese statutes and judicial practice concerning the authenticity of electronic evidence, that is, the lack of distinction and sequence of examination among the three dimensions of authenticity of electronic evidence, the lack of systematic and clear rules on each dimension of authenticity of electronic evidence, the overlapping of rules on similar issues in different dimensions of electronic evidence, and the defects in the method of guaranteeing and examining the authenticity of electronic evidence. In the future, the three dimensions of authenticity of electronic evidence should be distinguished and the examination sequence should be specified, systematic and clear rules on the examination of electronic evidence in different dimensions of authenticity should be established, distinction among different rules on similar issues in different dimensions of authenticity of electronic evidence should be made very clearly, and lastly, different technical methods and procedural rules concerning the authenticity of electronic evidence should be constructed and connected effectively and the mode of examination of electronic evidence in court should be reconstructed in a direct and verbal way. |
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