Research On Cross-border Electronic Evidence Collection Syste

The fast-developing information technology permeates every aspect of people’s life,imposing significant influences to the human society.Not only the network information technology brings people convenience,but it also gives rise to the cross-border network crimes.Hence,acquisition of cross-border electronic evidence has become the key to combating cross-border cybercrimes.However,judicial assistance between states becomes more difficult and tedious due to the differences and lags in national laws and regulations and the consideration of national data sovereignty.Accordingly,many new methods of cross-border electronic evidence collection have been proposed by different countries,such as network technology investigation,network remote investigation and network online extraction.But still,it falls short of the need to tackle cross-border cybercrimes.At the same time,the academic community holds that the unilateral evidence-gathering method itself does not have the legitimacy,therefore the evidence obtained by the unilateral evidence-gathering method is questionable in the lawsuit.Therefore,new methods are of great need to tackle the difficulty of cross-border evidence collection and promote the global governance of cross-border cybercrimes.This paper is composed of five parts.The first part elucidates the development background,legislative status and practice in China.Based on the analysis of the development background of cross-border electronic collection,this paper combings the development process of China’s cross-border electronic forensics system and the practical investigation of China’s cross-border electronic forensics,and then summarizes the ways of China’s cross-border electronic forensics in judicial practice,which mainly falling into two categories: one is the traditional criminal judicial assistance mode and the other is the unilateral forensics mode.Among them,there are three unilateral forensics modes: online network extraction,remote network inspection and network technology investigation.The second part of this paper introduces three typical cases of cross-border cybercrimes,including the No.67 guidance case issued by the Supreme People’s Procuratorate,summarizes and analyzes the problems faced by China’s cross-border electronic forensics.Only by starting from China’s judicial practice and summarizing the problems encountered in the case,can we grasp the problems and difficulties faced by China’s cross-border electronic forensics and find solutions to the problems.The third part analyzes the legislative status and application of cross-border electronic forensics in foreign countries,including the United States,the European Union and Japan,which started the research on cross-border electronic forensics earlier,taking into account the advantages and disadvantages and feasibility of the extraterritorial cross-border forensics system,so as to find a cross-border electronic forensics method suitable for China.The fourth part,combining the analysis of the current situation of cross-border electronic forensics in China in the first part and the analysis of the current situation of cross-border electronic forensics abroad in the third part,responds to the mode of judicial assistance,the legitimacy of the subject of cross-border electronic forensics,the mode of cross-border electronic forensics and the protection of civil rights,and offers advice and countermeasures to improve China’s cross-border electronic forensics system.It includes simplifying the judicial assistance mode of cross-border electronic forensics,clarifying the subject qualification of cross-border electronic forensics,and establishing the layered forensics mode of cross-border electronic forensics system with the starting point of solving the conflict between cross-border electronic forensics and the protection of civil rights.The conclusion summarizes the full text and emphasizes once again the importance of solving the problem of cross-border electronic forensics in combating cross-border cybercrimes.