Date of Award

5-31-2024

Document Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Abstract

Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.

This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities and discrepancies in the authentication processes of the two legal systems, attributable to their distinct legal traditions, evidence rules, trial systems, and criminal proceedings.

While this study advocates for the localization of the U.S. authentication rule within the Chinese legal context, it recognizes that some essential factors of the U.S. model cannot be seamlessly integrated into China’s legal framework. The significance of this research lies in its potential to promote further legislative amendments concerning authentication. Therefore, this analysis offers invaluable insights for legal practitioners, policymakers, and scholars, facilitating a deeper understanding of the continuously evolving landscape of social media evidence authentication.

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