現今對於數位證據保全與數位證據驗真無實質明文法律規範，當刑事判決涉及數位證據時，多半依我國刑事訴訟法並參酌美國聯邦證據規則做出裁判；法務部所推動之司法聯盟鏈可運用於數位證據保全與驗真，本文希望能將此技術層面入法，使其成為審判之證據法則之一，減少訴訟當事人於訴訟時對於該數位證據之爭議促使訴訟經濟。 ;In the era of advanced technology and smooth internet connectivity, people′s current lifestyles such as socializing, shopping, and entertainment rely on information devices and related software such as computers and mobile phones APP， When digital information is generated by information devices such as computers and mobile phones, the digital information on the computer or mobile phone in case of disputes between the parties is considered as digital evidence. How to extract digital evidence from carriers (such as mobile phones, computers, etc.), how to preserve it after extraction, and how to ensure that it is not tampered with or destroyed during the preservation process, involving the preservation and verification of digital evidence, are exactly what this article intends to explore.
At present, there are no substantive explicit legal norms for digital evidence preservation and digital evidence verification. When criminal judgments involve digital evidence, most of them are judged according to China′s criminal procedure law and the US federal evidence rules. The judicial alliance chain promoted by the Ministry of Justice can be applied to the preservation and verification of digital evidence. This paper hopes that this technical level can be incorporated into the law, making it one of the evidence rules in the trial, reducing the disputes between litigants about the digital evidence in litigation and promoting litigation economy.
