A Study on Investigation Procedures Based on Electronic Data in the Digital Era
The development of information technology is a"double-edged sword".On one hand,it pro-motes social progress and enhances investigation techniques and capabilities.On the other hand,the conver-gence of information technology and crime poses new challenges for investigative agencies.The increasing im-portance of electronic data in case investigations has driven investigative agencies to adopt pragmatic innova-tions in practice,impacting the investigative powers under existing criminal justice framework.The demands for cross-border evidence collection,the timeliness of electronic evidence,and third-party assistance in inves-tigation urgently call for the digital transformation of investigative powers.The lack of coordination between substantive and procedural laws has led to the widespread use of digital investigative measures without necessa-ry procedural regulations,disrupting the interaction between digital"rights"and"powers".To address this issue,we shall focus on a rebalancing of"rights"and"powers"and reshape the interaction between them.This involves exploring the establishment of a digital public-private cooperation system to enhance the efficien-cy of electronic evidence collection.We shall adhere to the principle of proportionality,legitimacy,appropri-ateness,and balance in electronic evidence collection work.
electronic datacriminal investigationdigital transformationinformation rights protectionprinciple of proportionality
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NSTL
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