Journal of Northeastern University(Social Science) ›› 2023, Vol. 25 ›› Issue (5): 127-137.DOI: 10.15936/j.cnki.1008-3758.2023.05.014

• Law • Previous Articles     Next Articles

On the Formal Authenticity Examination of Electronic Data: Taking Digital Currency Crime Cases as the Research Object

CUI Shiqun   

  1. (Institute of Evidence Law and Forensic Science, China University of Political Science and Law, Beijing 100088, China)
  • Published:2023-09-27
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Abstract: A digital currency crime with blockchain as the underlying technology has rapidly evolved into a serious disaster area of criminal crimes by virtue of its anonymity, decentralization, rapid circulation, cross-border and other characteristics. At the same time, the particularity, cross-border data and massive nature of blockchain technology have posed great difficulties for the existing review mechanism. There still exist some problems in our judicial practices such as low examination ratios, replacing the formal truth examination with the content truth examination, and focusing on the examination of extracting fixed links. The particularity of the evidence of digital currency crimes further leads to such problems as the difficulty in applying the rules for examining the formal authenticity of traditional electronic data to on-chain electronic data and the difficulty in comprehensively examining the formal authenticity of cross-border evidence and mass evidence. Therefore, it is necessary to improve the internal rule system and operational mechanism of evidence laws, as well as the complex and systematic external regulations in the fields of technology, economy and politics. By combining the internal regulations and external measures of laws, the contradiction between laws and technology can be alleviated at the macro level, and the rule system and operational mechanism for examining the authenticity of evidence can be improved at the micro level, thus achieving an effective examination of the formal authenticity of special evidence in new cases.

Key words: digital currency; blockchain; formal authenticity; electronic data; review

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