Author(s)

Lin Fei ¹

Affiliation(s)

¹ Guilin University of Electronic Technology, Guilin, Guangxi, China

Corresponding Author

Lin Fei

ABSTRACT

As the third generation of machine evidence, generative AI evidence represents a new form of evidence that has emerged from the application of intelligent technologies in the judicial field. It is closely connected to concepts such as big data evidence and algorithmic evidence, and is widely used in scenarios including AI-related criminal cases and crime prediction. Currently, this type of evidence faces numerous challenges regarding its admissibility. Legally, the definition of its evidentiary attributes remains ambiguous, with ongoing disputes over its classification—including the expert opinion theory, electronic data theory, documentary evidence theory, and independent evidence theory—making it difficult to fit within existing statutory categories of evidence.

KEYWORDS

Generative Artificial Intelligence Evidence, Criminal Procedure, Types of Evidence

CITE THIS PAPER

Lin Fei. The Challenges in Admitting Generative AI Evidence. Science of Law Journal (2026). Vol. 5, No. 2, 23-27. DOI: http://dx.doi.org/DOI: 10.23977/law.2026.050204.

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