Legal Regulation Of Remote Evidence Collection Of Electronic Data In Criminal Proceeding

Electronic data remote forensics in criminal proceedings refers to a comprehensive general expression of remote electronic data collection and extraction measures in criminal investigation,which collects three different types of investigative measures,including network online extraction,network remote investigation,remote technical investigation.At present,the legal basis of remote forensics in China is mainly the "electronic data provisions"and "electronic data forensics rules" of the two laws,the.ovenall construction of "network online extraction-network remote investigation-remote investigation measures" of the progressive electronic data remote forensics system.However,these two laws focus on the technical aspects of remote forensics of electronic data to regulate,for the legality of the forensic behavior and less provisions for rights protection,the legal system of remote forensics is not perfect,which objectively leads to the unreasonable operation of remote forensics of electronic data in practice,the rights protection is not strong enough and other issues.This paper focuses on the analysis of the nature of remote forensics positioning,the legal provisions of remote forensics problems,from different dimensions of its analysis.By clarifying the nature and main features of remote forensics,we find out the specific problems that exist in remote forensics,and by analyzing the legal provisions of representative countries outside China,we draw on the useful experiences to provide ideas for the improvement of the legal system of remote forensics in China.Finally,the theoretical construction of remote forensics of electronic data is improved by constructing the procedural rules and establishing the basic principles of remote forensics.The entire paper consists of five parts.The first part is an introduction to electronic data teleforensics.It mainly introduces the research background,research purpose and significance,research method and current status of the research on remote forensics of electronic data.The second part is an overview of remote forensics of electronic data.This part is divided into two subsections of electronic data overview and remote forensics overview,focusing on the concept and characteristics of electronic data,basic concepts of remote forensics,relationship identification,nature orientation and main features.The procedural regulation of electronic data remote forensics conducted by investigative authorities involves the concept,characteristics and classification of electronic data and the concept,nature and relationship of remote forensics.At present,the definition of electronic data in academic circles exists in the form of materials and derivatives,stored information,electromagnetic records and electronic forms,and has not formed a unified view.The characteristics of electronic data include virtual intangibility,easy redaction and separability,etc.Remote forensics mainly includes network online extraction,network remote inspection and technical investigation measures,and the relationship between network online extraction and network remote inspection is still in different understanding,and network remote inspection can be changed to technical investigation measures when necessary.The third part is the problem of electronic data remote forensics and its drawbacks.At present,the investigative authorities collect electronic data based on the "Criminal Procedure Law" "electronic data provisions" "electronic data forensics rules" and other normative documents.The specific problems of electronic data remote forensics by the investigative authorities are reflected in the following aspects:the legal provisions are sloppy,there is a tendency to expand the forensics,the concept of grassroots investigators are backward,the starting node of forensics is constantly moving forward and insufficient supervision of the forensic process,etc.The specific hazards include:infringement of citizens’ personal information and privacy,the right to know,litigation rights,etc.The fourth part is the overseas reference of electronic data remote forensics.It mainly analyzes the regulations of overseas representative countries on electronic data remote forensics,including Germany,Japan and the United States,Germany has established a strict initiation mechanism for online search of electronic data,which does not allow search for the purpose of seeking evidence and is limited to predicting crimes that have not yet occurred.Second,it also establishes the principle of legal reservation,the basic right to information and the principle of proportionality to further strengthen the protection of citizens’ basic rights.By analyzing the relevant laws of overseas countries,we provide reference suggestions for China’s electronic data remote forensics.The fifth part is the improvement of the legal regulation of electronic data remote forensics.The discussion mainly starts from two parts:improving the theoretical construction of remote forensics of electronic data and improving the legal system of remote forensics of electronic data.The former includes constructing the procedural rules of remote forensics and establishing the basic principles of remote forensics,while the latter includes stipulating remote forensics as a legal investigative measure,improving the procedural rules of remote forensics,strengthening the protection of the rights of the forenses and promulgating guiding cases to solve new problems of law enforcement.