Research On The Standardization Of Remote Inspection Procedures For Electronic Data Networks In My Countr

In the digital information age,the rapid development of network technology makes the increasingly surging cyber crimes show the prominent characteristics of trans-region.In order to improve the quality of electronic data forensics and punish crimes in time,a new electronic data remote forensics system of "online extraction--remote inspection--technical inspection" has been initially constructed in our country.Among them,as an innovative legal design demonstrating Chinese wisdom,network remote inspection still has some problems,such as unclear definition of legal nature,inconsistencies in legal provisions,improper leniency and strictness in application of procedures,and insufficient protection of citizens’ rights and so on,compared with the increasingly mature electronic data investigation and forensics procedures in foreign developed countries and regions.It brings unprecedented impact and challenge to our current system of investigation and evidence collection in criminal procedure.In view of this,the paper,taking the standard of electronic data network remote inspection procedure as the study object,starts from the basic theory of criminal investigation and combines with the relevant research achievements of Chinese state,and expounds the legal concept,typical features and essential differences between the electronic data network remote inspection and other main investigation forensics measures.Through the two dimensions of legislative norms and investigation practices,the paper reveals the chaotic phenomena and difficult problems in the operation of remote inspection procedure of electronic data network and deeply analyzes the causes of these problems.On the basis of studying the useful experience of relevant legislative norms and judicial practices in foreign countries such as the European Union,the United States,Germany,and basing on our national legal situation,the paper tries to explore the improvement of the electronic data network remote inspection procedure from the dual path of the right protection procedure and the technical procedure.On the former,it is necessary to set up the electronic data classification management system based on the spatial characteristics and right attributes of the electronic data,so as to determine the dual legal attributes of network remote inspection with both the arbitrariness investigation and the compulsory investigation,and then select the corresponding procedure norms for strict application according to law.Meanwhile,it is suggested to gradually improve and strengthen the links of prior examination and approval,supervision and evaluation,right relief,etc.On the latter,the paper focus on the standardization and optimization from the aspects of the authority qualification of the subject of evidence collection,witness system,record system,video system and evidence preservation and identification system,through technological empowerment and institutional innovation to help the electronic data network remote inspection procedure run scientifically,and improve the quality and efficiency of criminal investigation.