| Compared with ordinary electronic data,the electronic data obtained by cross-border online distance investigation has the attribute of"exotic".In the application of evidence acquisition and examination,the attribute of "exotic" place that needs special attention.Under the background of the growing "data sovereignty",our country has always emphasized the foreign policy of respecting the sovereignty of other countries,but there is inevitably a gap between the policy and the establishment and operation of the system and the macro-policy,which leads to various problems in the operation of online distance investigation of cross-border electronic data:unclear nature,irregular rules,mixed use of relevant procedures,lack of effective protection of procedural rights,and aphasia of supervision by the court...A series of problems make the rules of online distance investigation of cross-border electronic data not run smoothly,which results in cracking down on transnational crime and safeguarding the imbalance of procedural interests,and even lead to contradictions and sovereignty conflicts between countries.Through case analysis,literature research,comparative law research,normative analysis and other research methods,this paper analyzes the current system of online distance investigation of cross-border electronic data procedures in China,the situation of practice,the existing difficulties and the causes of the difficulties,and tries to construct a system of online distance investigation of cross-border electronic data in line with the sovereign interests of countries,balancing the fight against transnational（border）crimes and safeguarding procedural interests.The details are as follows:The first chapter is the basic operation of online distance investigation rules of cross-border electronic data.This chapter firstly defines the meaning of online distance investigation of cross-border electronic data,analyzes its characteristics,and a distinction is made between the related concepts of remote survey of online cross-border electronic data.Adapt to the need for data flows in the context of enhanced data sovereignty,the necessity of standardizing remote inspection procedures for online cross-border electronic data is analyzed by avoiding sovereign conflicts between countries,combating transnational crime and obtaining extraterritorial evidence and he value of balance of punishing crime and protecting rights and interests.The second chapter is the practical operation of online distance investigation of cross-border electronic data.This chapter uses the empirical analysis method to sort out the distribution of cases involving online distance investigation of cross-border electronic data from law document website.Combined with the practice of online distance investigation of cross-border electronic data,this paper expounds the macro and micro position conflict of China’s online distance investigation of cross-border electronic data,and the realistic difficulties that the extension of sovereignty leads to the contradiction between countries,Then summarizes the mixed use between online distance investigation of cross-border electronic data and online remote inspection of cross-border electronic data,online extraction of electronic data,search of network information and technical investigation measures.The third chapter is the source of the difficulties of online distance investigation of cross-border electronic data.Through the problems summarized in the previous chapter,This chapter focuses on the location of the nature of the online distance investigation,the anomie of rules,the roughness of applicable conditions of online distance investigation of cross-border electronic data,the monitoring aphasia of privacy rights protection,the guidance aphasia of procuratorate,and the absence of the examination of evidence by courts in the investigation procedure.This paper analyzes the reasons why the online distance investigation of cross-border electronic data are not running smoothly,and summarizes the deficiencies in the system level.The fourth chapter is the rational reconstruction of the online distance investigation of cross-border electronic data.This chapter explores and reshapes the rules of online distance investigation of cross-border electronic data,first giving them a new and clear position,secondly it strengthens the program regulation,integrating the contradictions between different norms,and exploring the right guarantee to strengthen the norms.Then we explore the new standard of procedural guarantee of online distance investigation of cross-border electronic data.Finally,through strengthening the crackdown of investigation organs on breaking through rights to guarantee investigation,early intervention of procuratorate in guiding inspection procedures.and the substantive examination of the court under the doctrine of trial center,the data review after the investigation procedure is perfected.Because the number of adjudicative documents that can be obtained in China’s judgment documents network involving online distance investigation of cross-border electronic data is limited,and the term"investigation" is the proper term for China’s investigation procedures,the term "search" is used directly outside the country.By examining the use of electronic data obtained by online distance investigation of cross-border electronic data,we can directly show the current situation,application rate,distribution law and development trend of the program,standardize the analysis of existing inspection rules and practice systems,try to put forward the idea of supplementing and unifying the online distance investigation of cross-border electronic data and further improve the feasible implementation rules,let more sophisticated and difficult to discover and distinguish overseas electronic data into the trial procedure,and inject the value concepts of trial centralism and trial essence into the online distance investigation of cross-border electronic data.Let procedural rights guarantee and combat transnational（border）crime achievements to consolidate and complement each other. |
