刑事诉讼法视阈下数字证据的审查认定与程序规制

Review, Determination, and Procedural Regulation of Digital Evidence from the Perspective of Criminal Procedure Law

摘要: 随着数字时代发展，网络犯罪数量激增，数字证据成为定罪核心，但传统电子证据概念与规则已不适用，且《刑事诉讼法》相关程序规则原则化，导致证据排除问题频发，还存在取证授权模糊等困境。2012年《刑事诉讼法》将“电子数据”入法及后续规则细化，明确电子、网络、数字三类数据差异，指出数字技术催生五种新型数字证据，并阐述三大诉讼法原则对电子数据的约束。在取证存主体、地域、权利保护争议以及审查认定有真实性缺位与地域分歧。因此在立法上、司法上和技术上需要适配的应对措施，以构建适配数字时代的数字证据理论与规制体系。

Abstract: With the development of the digital era, the number of cybercrimes has surged, making digital evidence central to conviction. However, the traditional concept and rules regarding electronic evidence have become inadequate. Furthermore, the relevant procedural rules in the “Criminal Procedure Law” are often principle-based, leading to frequent issues of evidence exclusion and dilemmas such as ambiguity in forensic authorization. The 2012 “Criminal Procedure Law” incorporated “electronic data” into the legal framework, and subsequent rules have provided further details, clarifying the distinctions between three types of data: electronic, network, and digital. It points out that digital technology has given rise to five new types of digital evidence and elaborates on the constraints imposed by the three major procedural law principles on electronic data. Controversies exist regarding the subject and jurisdiction of evidence collection, as well as rights protection. In the review and determination process, challenges include the absence of authenticity verification and jurisdictional discrepancies. Consequently, adaptive countermeasures are needed in legislation, judiciary, and technology to construct a theoretical and regulatory system for digital evidence suited to the digital age.