Research On Cross-border Electronic Data Forensics In China

In recent years,with the development of emerging technologies and industries in network information,cross-border crimes have occurred frequently in my country.In order to effectively combat cross-border crimes,there is an increasing demand for cross-border electronic data forensics in investigation practice.There are three main methods of obtaining evidence for cross-border electronic data in my country’s law:one is to provide criminal judicial assistance in accordance with bilateral and multilateral treaties;the other is to obtain unilateral remote evidence through online extraction,network remote inspection,technical investigation measures,etc.;the third is to rely on the network The service provider’s data is disclosed for evidence collection.However,my country’s cross-border electronic data forensics has problems and difficulties both theoretically and practically.At the theoretical level,my country has not formed a complete cross-border electronic data forensics system under data sovereignty,and there are also conflicts between existing legal regulations,which cannot fully meet the needs of cross-border flow of electronic data.At the practical level,traditional criminal judicial assistance is slow and inefficient.Although unilateral forensics is widely used,the application of remote investigations and technical investigation measures has broken the boundaries of sovereignty,and there are problems with legitimacy.The current legal regulations on data disclosure by network service providers are imperfect,resulting in insufficient evidence collection methods,and even the risk of infringing on the data sovereignty of other countries.The above-mentioned problems reflect the contradictions and conflicts in my country’s cross-border electronic data forensics work in investigating crimes and protecting human rights,strengthening the localized storage of data,and striving to obtain overseas electronic data.This article will comprehensively use comparative analysis,literature analysis,empirical analysis and other research methods to sort out the relevant laws and regulations of cross-border electronic data forensics in my country,summarize the three methods of cross-border electronic data forensics,analyze their current status,and examine their existing problems.Explore solutions to the problem of cross-border electronic data forensics in my country.This article consists of four parts:The first part is the analysis of cross-border electronic data forensics and its necessity.First,clarify the concept of cross-border electronic data forensics.Secondly,introduce the characteristics of cross-border electronic data forensics from three aspects:strong professional technology,strict procedures and high security requirements.Finally,from the two aspects of combating cross-border crimes and complying with the trend of cross-border data flow Analyze the necessity of cross-border electronic data forensics in my country.The second part introduces the current situation of cross-border electronic data forensics in our country from the legislative and judicial perspective.First,sort out the relevant laws and regulations of my country’s cross-border electronic data forensics,summarize the three cross-border electronic data forensics methods in my country’s law,and then,based on 55 cases of cross-border telecommunications fraud crimes,deeply analyze my country’s cross-border electronic data forensics.Operational status of judicial practice.The third part mainly analyzes the system dilemma faced by my country’s cross-border electronic data forensics.Firstly,analyze the disadvantages of the slow and inefficient traditional criminal judicial assistance;secondly,analyze the contradictions and conflicts in unilateral cross-border electronic forensics from three aspects.The specific manifestations are conflicts with data sovereignty and contradictions with other laws and regulations,which are harmful to individuals.Insufficient rights protection;finally summarized the limitations of data disclosure of network service providers,which are manifested in two aspects:the limitation of data disclosure obligations and the limitation of disclosure content.The fourth part is the solution to the problem of cross-border electronic data forensics in our country.First of all,it is proposed to adhere to the basic principles of data sovereignty and protection of human rights,and to improve various methods of obtaining evidence under this premise.Secondly,we must adhere to the basic framework of criminal judicial assistance,simplify cross-border electronic data collection assistance procedures,and deepen overseas cooperation between law enforcement officers of both sides;again,we should strictly regulate unilateral cross-border electronic evidence collection methods and establish a supervision and restriction mechanism.Finally,cooperation with network service providers should be strengthened,and relevant regulations on the data disclosure obligations of network service providers should be improved.