| The digitization of evidence gradually presents five basic aspects of electronization, blockchainization, big digitalization, artificial intelligentization, and virtual simulation, thus forming five basic types of digital evidence, i.e., electronic data, blockchain evidence, big data evidence, artificial intelligence evidence, and virtual simulation evidence. However, with the development of the digital technology, the traditional concepts and rules of electronic data can no longer effectively cover and regulate the existing digital evidence. Based on the theory of digital space and the differences in the logic of technical proof of different types of digital evidence, audio-visual materials and electronic data provided for in Article 50 Paragraph 2 (8) of the Criminal Procedure Law should be uniformly modified into an integrated and open digital evidence to accommodate various kinds of digital evidence generated by the iterative upgrading of digital technology. In the judicial interpretation, the review of and judgment rules on various kinds of digital evidence should be specified to form a hierarchical classification review mechanism based on electronic data evidence rules. At the same time, China should also establish an update mechanism for digital evidence hierarchical review at the levels of necessity review and substantive review, so as to cope with the impact of technological development on evidence review. |
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