Legal Regulations For Remote Inspection Of Electronic Data

In the era of network informationization,the network field has unlimited expansion and the convenience of information acquisition,which has led to a rapid increase in the types and numbers of cyber crimes.In the face of ever-changing technical changes and the need for evidence collection in practice,remote electronic data inquiries and evidence collection methods have been born.The production.The network remote inspection is a special method of online extraction from the network.It is an independent investigation measure,which is compulsory and intrusive,and has obvious compulsory colors.In the electronic data investigation and evidence collection,the applicability of remote network investigation is relatively high,which not only speeds up the efficiency of solving cybercrime cases,but also saves and protects electronic data evidence better and faster.It is only the current relevant laws.The stipulated terms are crude.In order to standardize the collection and extraction of electronic data and the review and judgment of electronic data by remote inspection measures,the Supreme People’s Court,the Supreme People’s Procuratorate,and the Ministry of Public Security formulated the Regulations on Several Issues Concerning the Collection,Extraction,and Review and Judgment of Electronic Data in Criminal Cases in 2016.And then in2019 the Ministry of Public Security formulated the "Public Security Organs’ Handling of Criminal Cases Electronic Data Evidence Rules".Although the promulgation and application of the "Electronic Data Regulations" and "Electronic Data Regulations" have solved the practical application requirements for evidence collection to a certain extent,they have also produced many problems.Due to the traditional concept of evidence collection in criminal investigations in our country,ensuring the authenticity of electronic data collection is the main work direction.In order to quickly realize the purpose of criminal investigation and improve the efficiency of solving cases,the procedural norms of network remote investigation cannot keep up with the technical norms.Therefore,from a long-term perspective,there are still many loopholes in the current electronic data remote inspection procedures.Because electronic data remote inspection measures are different from traditional on-site inspection measures,and have even jumped out of the framework of on-site inspection measures,it is necessary to maintain the cohesion with the criminal procedure law in the procedural regulation,and to adopt similar investigation and evidence collection measures.Compare and distinguish.In actual operation,network remote survey and network online extraction are easy to be mixed,because the similarity between the two is extremely high,which makes it difficult for many practitioners to distinguish the difference between the two in operation.At the same time,remote online inspections are similar to traditional criminal searches,and both are extremely intrusive to the privacy of the parties.In the investigation and evidence collection of cybercrime cases,there have been many phenomena of entering the relevant remote computer information system through remote inspection measures,thereby circumventing the examination and approval procedures in criminal investigation measures.Not only is the phenomenon of mixed use and circumvention in criminal procedures,but also reflects many imperfections in terms of privacy protection of the parties.For example,the phenomenon of random exploration of the information field in the remote computer information system is due to the extension of the network.The investigative behavior is difficult to be restricted.When the investigative agency enters the relevant remote computer information system,it can obtain a lot of information with a single click.When collecting and extracting electronic data related to the case,it is very likely that there will be many private information of the parties involved.Due to the special nature of the electronic data,Unable to accurately distinguish and separate,then the privacy and personal information of the parties have to be exposed.In addition,in the process of remote investigation of electronic data,although it is a very compulsory and intrusive investigative measure,there is no corresponding approval procedure for remote investigation,which does not conform to the criminal investigation measures formulated in criminal proceedings.The basic requirements.In the face of rapid technological development in the field of electronic data forensics,the process of regulation of remote network inspection procedures appears to be relatively slow.In the development of electronic data remote inspection,technical specifications are much faster than procedural specifications.Therefore,in the face of various problems in the remote network inspection procedures,corresponding solutions should be put forward reasonably,and the network remote inspection procedures should be urged to develop in a clearer and more clear direction.In comparison with similar investigation and evidence collection measures,it is necessary to distinguish and apply different evidence collection procedures,and to compare and analyze network remote investigation and network online extraction,as well as network remote investigation and criminal investigation,so as to change the practice in practice.The phenomenon of mixed use of evidence collection measures and circumvention of procedures.At the same time,it is necessary to set up procedures for the approval and supervision of remote online inspections,and endow them with the essentials as a criminal investigation measure.In addition,in order to further solve the problem of weak protection of the rights of the parties in the process of remote online inspection,we can combine the vital interests of the parties and the specific process in the applicable procedures to make breakthroughs,so as to improve the parties’ rights in the remote inspection procedures.Rights protection.Through the establishment of notification procedures and a complete witness system for evidence collection procedures,the detailed supporting measures of the online remote inspection procedures will be further improved.Then it returns to the starting point of the protection of the relevant rights of the parties,considers personal privacy,procedural participation rights and the standardization of criminal proceedings from multiple angles,and puts forward concrete and feasible suggestions.