Research On Criminal Cross-border Electronic Forensics Procedure In China

With the advent of the cyber era,countries take various measures to tackle cyber crime,while combating cross-border cyber crime is a common problem facing all countries today.Due to the blurred boundary of the Internet,there are some problems in cross-border electronic for ensics.The cyberspace security concept adhered to is different among various countries.Whether a country infringes on the sovereignty of other countries when conducting cross-border electronic evidence collection from other countries is disputed.Our view is consistent with the principles of international law.China has signed bilateral treaties with other countries,and conducted cross-border electronic evidence for ensics through the principle of reciprocity,all of which belong to legal evidence collection.China’s network development started late,and the relevant legal system was incomplete.With the development of the network,the disadvantages of the traditional cross-border evidence collection system gradually emerged.Investigators are likely to risk infringement when obtaining cross-border electronic evidence collection under these laws.At the present stage,our cross-border electronic for ensics procedures need to be improved according to the current situation of network development.Program ming needs to solve the problems faced by evidence collection,avoid potential risks,be consistent with the national development strategy,and procedures should be improved in the context of the basic principles of international law.Cross-border electronic evidence for ensics often involves the rights of several parties,such as individual citizens,network service platforms and respondents,which need to be taken into account and should not be thicker with each other.The article begins with an overview of cross-border electronic forensics,combined with the legal provisions of other countries and the current situation of China’s development as the background,leading to the necessity of improving the cross-border electronic forensics procedures in China.The second part mainly describes the problems of cross-border electronic forensics in China.This paper mainly analyzes the problems of low efficiency,jurisdiction and network sovereignty conflict of traditional cross-border evidence collection;analyzes the rights protection of citizens,network service providers,respondents and other procedural participants in cross-border electronic evidence collection procedures;the characteristics of electronic data bring challenges to the original evidence collection behavior,the legitimacy of evidence collection technology and the subject of evidence collection is questioned,the expansion of infringement,and other problems in practice.Through the analysis of the problem,the third part of the improvement of the problem.Through in-depth analysis of the root causes of the problem,combined with the principles to be adhered to,and according to the problem put forward specific suggestions to protect the rights of procedural participants,control the right of investigation under the network environment,And improve the traditional cross-border forensics efficiency,so that the problem and perfect recommendations one-to-one correspondence.