| In the face of various cyber crimes,traditional investigation methods often fail to achieve the purpose of investigation,and investigators can only "look at the net and sigh".In order to solve the dilemma of "looking at the Internet and sighing",the public security organs in some places began to try to use relevant software to search and find suspicious websites,network platforms,web pages or the computer systems of criminal suspects through new investigative methods such as network searches,in order to discover criminal evidence materials.At present,my country’s "Criminal Procedure Law" and other laws and regulations do not provide for online search,and there is no special single-line law or regulation that specifically regulates the online search system.On the one hand,based on the need to combat various new types of cyber crimes,there is an urgent need for the use of network search methods in investigations by local investigative agencies,which have been widely used in cyber crime investigations.The predicament can be based on,and the use of online search methods in the investigation process is extremely infringing,often infringing the rights of the search party’s privacy rights,personal information rights and other rights,and even endangering national security.It is under this background that the research on the issue of my country’s Internet search system is selected.In addition to the introduction,the thesis is divided into four chapters.The first chapter is the concept of network search,expounding three aspects: first,the concept and characteristics of network search;second,the nature and classification of network search;third,the necessity of network search.The second chapter is the current situation and problems of my country’s network search system,expounding two problems: one is the legislative current situation and problems of my country’s network search system;the other is the actual operation status and problems of my country’s network search system.The third chapter is a comparative study of the Internet search systems in the two major legal systems,expounding three issues: one is the Internet search system in the common law countries;the second is the search system in the civil law countries;A comparative study of search systems.The fourth chapter is the perfection of our country’s network search system,expounding two aspects: one is the necessity of our country’s network search system perfection;the other is the perfect suggestion of our country’s network search system. |
