| Cyber crime is accompanied by the emergence of the Internet and the development of cyberspace.The increasingly frequent cyber crimes often cross the border of a country.In this context,in order to combat cyber crime more effectively and protect the interests of the country and the people,it is imperative to build a cross-border electronic data forensics system to adapt to the development of the times.Cross border electronic data forensics refers to the confirmation and collection of electronic data which is solidified in the process of storage,processing,or transmission and located abroad.Faced with the increasing number of crossborder cyber crimes,the traditional international criminal judicial assistance mechanism is difficult to meet the needs of modern investigation and evidence collection in a timely and effective manner.Many countries and regions have begun to explore new changes in the crossborder electronic data evidence collection system.For example,in the United States and the European Union,by changing the connection point of territorial jurisdiction principle,the overseas servers of cross-border network service providers are also included in the scope of territorial jurisdiction.On this basis,their territorial jurisdiction is expanded,and their investigation institutions are authorized by unilateral domestic law to obtain evidence through cross-border electronic data.In this way,the "illegal" problem of cross-border electronic data forensics is solved,which is the data controller mode in cross-border electronic data forensics.However,although the exploration and development of this mode has solved the obstacles of cross-border electronic data forensics,it has also caused new problems that are the conflict of criminal jurisdiction with the traditional countries that maintain the data storage mode,and even a direct impact on the principle of national sovereignty.Based on the analysis of the current system of cross-border electronic data forensics in various countries and regions,this paper clarifies the conflict of criminal jurisdiction between countries and its causes caused by the parallel mode of data controller and the data storage place in the current forensics rules.For China,the above-mentioned conflict of criminal jurisdiction not only causes confusion in China’s domestic law,but also poses a threat to China’s national sovereignty and security.In order to maintain China’s national sovereignty and security,it is necessary to build a unified cross-border electronic forensics system.From the perspective of domestic law,it is necessary to strengthen the unity of domestic law,improve the legal level,and ameliorate the relevant rules of cross-border electronic data forensics system;from the international perspective,it is necessary to actively cooperate with various countries and regions on the basis of adhering to the principles of data sovereignty,legitimacy and proportion.The district will build a diversified cross-border electronic forensics system.In order to ensure that China’s national sovereignty security and national interests are not infringed,we must further consolidate and improve China’s voice in the international community of electronic data. |
