A Study on the Coordination of Electronic Evidence in Environmental Criminal Proceedings

Abstract

Against the backdrop of digital transformation in environmental crime governance, electronic evidence plays a pivotal role at the interface between administrative law enforcement and criminal justice. This paper examines the legal, technical, and practical challenges in transferring electronic evidence between administrative and criminal proceedings in environmental cases. Legal issues include discrepancies in admissibility standards, ambiguous definitions of evidence attributes, and the absence of cross-border collection rules. Technical challenges involve difficulties in authenticity verification, inconsistent forensic examination standards, and data‐sharing barriers. Practical shortcomings such as passive administrative referrals and outdated review methods further compound these problems. To address these, the study proposes a "form‐substance" two‐tier evidence review model, a judicial recognition procedure for environmental monitoring data, and an interdepartmental blockchain‐based evidence storage and sharing platform, shifting evidence coordination from reactive conversion to preventive collaboration. The mechanism requires three‐dimensional synergy among legal rules, technological empowerment, and institutional innovation, transcending sectoral law boundaries to establish an inclusive and rigorous evidence transfer system. This approach drives environmental governance from reactive response to preventive governance, enhancing both governance effectiveness and judicial fairness.