Research On Network User Information Acquisition In Canadian Criminal Investigation And Its Reference To China

The search warrant as the procedure tool of limiting investigative powers and protecting privacy rights of citizens, is a necessary stage in the criminal investigation procedures before entering the residence of citizens except in an emergency. Nowadays in the Internet age, all kinds of data are increased in an unprecedented form, however, the equivalent legal procedures as the search warrant to protect such data does not exist yet. The procedure justices included in the warrant should equal apply to the subscriber information of Internet as this information will reveal the subscriber’s privacy. China is one of the civil law countries, but it always keeps learning the procedure principle from the common law countries. It also will be the need as the tendency of both the civil law countries and the common law countries learn from each other, and get much closer. And more, it is the need to establish the law‐ruled socialist country. The fulfillment about the value of justice of law should pay equal attention to both law of entity and law of procedure. Therefor, the function of the search warrant should not be underestimated as the law system of entity.In this context, this paper is trying to illustrate nowadays the development tendency of the search warrant in the common country by introducing the last case about when the Crown asking for the subscriber information of Internet, it will apply the search warrant. And also will introduce the legal contents and significance, especially about the privacy as anonymity and the reasonable expectation of privacy as the subscriber using the Internet. Then it will introduce about the current situation of the application of the search warrants in China and discuss several aspects of problem about this. At last, by introducing the current situation of the application of the network privacy in china, as well as some inadequacies about the the existing legal provisions about this, it will discuss about the feasibility and significance to apply the rules of search warrant for reference in Canada.