| The development of network technology has accelerated the pace and efficiency of globalisation,and in the virtual network world constituted by the support of network technology,the cross-border transmission of data is within reach.While the age of information technology is quietly coming,the boundaries of countries caused by territoriality as the basic principle of criminal jurisdiction have not come to an end.Territoriality,which cannot be separated from the real geographic boundaries,creates a large jurisdictional vacuum in the borderless virtual cyberspace.The jurisdictional vacuum makes it difficult to obtain electronic data from abroad,and international criminal legal assistance is difficult to overcome the vulnerability and high-speed interaction of electronic data,which makes it easy to miss the best time for investigation.Unilateral cross-border investigations and forensics break out of the traditional sovereign scope and can easily lead to diplomatic risks.The dramatic increase of cross-border crimes and the difficulties of cross-border electronic data forensics in the information age have put forward urgent requirements for the study of cross-border electronic data forensics rules.To this end,this paper examines the rules of cross-border electronic data forensics in five parts:In the first chapter,an overview of cross-border electronic data forensics is given.Firstly,the concept and characteristics of electronic data are conceptually clarified.Secondly,a correct interpretation of the cross-border transmission of electronic data is completed to provide a scientific and theoretical basis for the study of cross-border electronic data forensic rules.In the second chapter,four types of cross-border electronic data forensics developed in practice are introduced: international criminal judicial assistance,unilateral cross-border investigation and forensics,international police cooperation mechanism,and public-private cooperation to assist in forensics.The analysis of different ways of forensics is an objective basis for improving the rules of cross-border electronic data forensics.In the third chapter,the dilemma of cross-border electronic data forensics in China is analysed: the inefficiency of judicial assistance,the collateral risk of unilateral forensics,the lack of legislation for network service providers to assist in forensics,the existence of data silo crisis and the ambiguity of the rules of evidence of electronic data outside China.In the forth chapter,focuses on the study of three models of cross-border e-data forensics extraterritorially.The extraterritorial nature of cross-border e-data forensic rules does not allow us to proceed blindly without extraterritorial research.The study of the extra-territorial models provides new ideas for solving the problems in the local cross-border forensic practice.In the fifth chapter,a discussion related to the suggestions for improving the rules of cross-border electronic data forensics is conducted,and suggestions are put forward to solve the current problems of cross-border electronic data forensics: constructing a fast track for international criminal judicial assistance,strictly regulating unilateral cross-border investigation and forensics,filling the legislative gap of the obligation of assistance of network service providers,reasonably adjusting the limits of data localization models,and clarifying the rules of evidence for offshore electronic data. |
