摘要
Abstract
In the era of data,the deep integration of criminal activities with cyberspace highlights the important role of electronic data evidence in criminal case detection.The increasing number of cross-border cyber crimes also draws increasing attention from countries to the construction of cross-border electronic evidence collection systems.In the complex case environment,the criminal judicial assistance system that is currently being vigorously promoted in our country has problems such as a small scope of applica-tion and low efficiency after initiation.The unilateral cross-border electronic evidence collection system,which serves as a supple-ment,mainly relies on online extraction with a limited scope and lacks an effective supervision system.Neither of them can meet the needs of improving efficiency and obtaining sufficient evidence in cross-border electronic evidence collection.Taking the Euro-pean Production and Preservation Orders Regulation as a reference,it can be seen that the personalism unilateral cross-border e-lectronic evidence collection system has become the international mainstream.In view of the breakthrough of traditional sovereign-ty theory in the EU's unilateral cross-border electronic evidence collection system,China should take the lead in building a per-sonalism-based criminal unilateral cross-border electronic evidence collection system with network service providers as the evi-dence collection nodes.Then,we should consider the improvement methods of criminal judicial assistance.This will improve effi-ciency,ensure sufficient evidence collection,assist in the investigation and resolution of cross-border cybercrime cases,and ena-ble us to take the initiative and have a say in the international cyberspace,thereby safeguarding our country's data sovereignty.关键词
跨境取证/电子数据/数据主权/保护管辖/属人主义Key words
cross-border evidence collection/electronic data/data sovereignty/protective jurisdiction/personality分类
社会科学
