| Authentication of electronic evidence is an important evidentiary issue in the age of information. In practice, information technologies such as integrity check value, trusted time-stamp, digital signature, and block-chain record are applied by judicial authorities in China in the authentication of electronic evidence. This is the result of the inability of traditional authentication methods, such as "chain of custody" and "uniqueness identification", to effectively adapt themselves to the massive and virtual electronic evidence, as well as the institutional space created by the openness of the evidence authentication method system and the intrinsic demand created by the rapid development of online litigation. Technical authentication is not simply the application of information technologies to authentication of electronic evidence. It will bring about changes in the methods and rules of authentication of electronic evidence. Technical authentication methods and traditional authentication methods are not different in basic function and standard, but differ greatly in internal mechanism, burden of proof and procedural protection system. It is necessary to establish the rules of technical authentication for electronic evidence on the basis of integrating existing evidence rules. Technical authentication has its theoretical boundaries of application. It is mainly applicable to electronic evidence, but not the storage medium of electronic evidence. It can be applied alternately with traditional authentication, but there is a developing trend towards its independent application. It could solve the problem of only the formal, but not the substantive, authenticity of electronic evidence. In addition, it's necessary to protect equal participation and the right to confrontation of litigants in authenticating electronic evidence by technical methods. |
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