Study on the Examination and Judgment of WeChat Record-type Evidence in Criminal Proceedings
DOI:
https://doi.org/10.54691/ev172b40Keywords:
Electronic Evidence; Criminal Procedure Law; Authentication Rule; Illegal Evidence Exclusion Principle.Abstract
In order to solve the problems existing in China at present in the examination and judgment of WeChat record evidence, this paper is based on the relevant laws and regulations in Chinese criminal procedure law, analyze the examination and judgment mechanism of WeChat record evidence, namely, the authenticity examination of the content, original data and storage medium, the relevance examination of WeChat record evidence to examine whether the content of WeChat record evidence is related to the facts to be proved and the legality review of the subject of the evidence, the way of the evidence and the procedure of the evidence collection. The legality review of the subject of the evidence collection, the way of evidence collection and the procedure of evidence collection. On this basis, it further analyzes the problems existing in the current mechanism, and provides certain methodological reference for improving the examination and judgment of WeChat record evidence.
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References
Alan M.Gahtan, Electronic Evidence ，The Thomson Professional Publishing, 1999.
David Wotherspoon and Alex Cameron, Electronic Evidence and E-Discovery , Lexis Nexis Canada, 2010.
Michael Fenner, The Admissibility of Web-based Evidence , 47 Creighton L.Rev.63, 2013.
Orin S. Kerr, Searches and Seizures in a Digital World, 119 Harvard Law Review 531, 2005.
Paul W.Grimm.Authenticating Digital Evidence , 69 Baylor L. Rev. 1, 40 (2017).
Steven W.Teppler, Digital Evidence as Hearsay, Digital Evidence and Electronic Signature Law Review, Vol. 6,2013.
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