Research on Electronic Data Forensics Mechanism of Cross-Border Telecommunication Network Fraud

DOI: https://doi.org/10.62517/jel.202614117

Author(s)

Jiaming Cui, Zuxian Zhou, Chuanjie Liu

Affiliation(s)

Beijing Police College, Beijing, China

Abstract

Cross-border telecommunication network fraud crimes are highly dependent on electronic data as the core evidence, but there is a structural contradiction between the easy loss of electronic data and the long period of foreign-related evidence collection procedures, which seriously affects the investigation efficiency and the admissibility of evidence. Based on normative analysis and mechanism analysis, this paper systematically combs the practical difficulties faced by cross-border electronic forensics in legal rules, judicial assistance process and evidence review standards. On this basis, from the three dimensions of rule supply, program operation and technical review, this paper puts forward an integrated governance path with the dual-track program of "emergency preservation-routine assistance" as the core, and combines the hierarchical authorization mechanism, structured process tools and hierarchical review standards to form a grounded, reproducible and auditable evidence collection mechanism. The research shows that the mechanism can effectively alleviate the conflict between the "strong timeliness" of electronic data and the "high procedural cost" of cross-border forensics, and significantly improve the efficiency and admissibility of evidence on the premise of respecting data sovereignty and procedural legitimacy.

Keywords

Cross-Border Telecom Fraud; Electronic Data Forensics; Judicial Assistance; Emergency Security; Admissibility of Evidence; Data Sovereignty

References

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