Under the background of global economic integration，The main body of the people and business people prefer to communicate through the Internet、Sign the contract、Payment price，This brings convenience to the company's operations，Also gives a higher value to the data information stored on the Internet。Current，Excruded、Use data information as evidence not only faces technical difficulties，Also due to the differences in the laws of different countries, the law should be applied to the predicament。

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On the one hand，As the most influential multilateral convention in the field of cross -border law enforcement and evidence collection，The "Hague Convention on Evidence Collection" has no specific refinement of data cross -border law enforcement and evidence collection，Can't adapt to the form of data evidence。Therefore，Difficulties in the data collection of data from international civil and commercial cases are difficult to apply for difficulty in cross -border law enforcement and evidence collection。First，Data collection definition is unknown。The Convention did not clearly define the scope of evidence，Therefore，It cannot obtain evidence of data evidence based on domestic law，Can't seek the basis from the Convention。Even if the data can be retrieved in the end, it can be used as evidence，It may also be due to irregular procedures.。2，Applicable difficulties for current evidence collection methods。For more conveniently retrieved data evidence，More countries may give up indirect data collection methods such as requests and evidence，Instead of applying direct electronic evidence collection method。But even the direct electronic evidence collection method，There are also problems with low efficiency。For example，Data evidence bet365 Play online games is easily tampered with，and you need to experience a long judicial assistance process，Timely fixation of electronic evidence，Unable to adapt to the needs of efficient obtaining cross -border electronic evidence in the information network era。third，There are differences in the effectiveness of the convention。Most EU countries represented by France allow data information to circulate data from overseas，But the data circulation used for litigation purposes can only be performed with the procedure of the Convention.，It acknowledges that the Convention has his effectiveness in application。Most courts in the United States tend to choose other more efficient、Cost -of -cost ways to obtain evidence，If you choose to apply the "Federal Civil Litigation Rules"。

On the other hand，There is contradiction between judicial sovereignty and data sovereignty。Can the sufficient evidence required for the trial of the case actually determines the final result of the case。Since network data is virtual and liquidity，and computer terminal、Server and other physical devices may be scattered around the world，Data information is often associated with different countries。Therefore，In civil and business cases involving multinational data and evidence collection，Evidence -obtained countries that master judicial sovereignty must obtain judicial assistance from other countries to obtain evidence，Trial of the case。Therefore，The country where the evidence is located has data sovereignty，It must handle data evidence carefully，Make sure national privacy and national information security。First，There is more sensitive information in the data information，Once leaked in transnational evidence，It will cause serious threat to the privacy of the parties and even the innocent third party。2，Data information is an important resource with strategic significance。If the data information is not used properly，Social bet365 live casino games stability and even national security will be adversely affected。In short，Data cross -border law enforcement evidence，Evidence -pickup countries need evidence of data evidence to advance litigation process，And the country where the evidence is located to ensure the security of the data and information of the country is unwilling to transmit data information cross -border。How to deal with the conflict between data sovereignty and judicial sovereignty，In fact, it is the key to improving the mechanism of cross -border law enforcement and evidence collection。

　　Judicial practice of cross -border evidence collection in my country

"Convention on the Tyrannosaurus" in China does not exist in my country that does not have a fundamental conflict with domestic law。According to Article 267 of the Civil Procedure Law in my country and the principle of the treaty in international law，The people's court in the trial of foreign -related civil and commercial cases，Treaty is applicable except reserved clauses。However, due to the "Convention on the Hague" and the bilateral judicial assistance agreement signed by my country, it has not explicitly explicitly expressed whether the data collection of data cross -border law enforcement can be adopted and how to adopt it，Therefore, theoretically, theoretically, the parties in theoretically foreign -related civil lawsuit can only obtain data information in China through the principle of reciprocity。

The procedures for obtaining evidence observation of data cross -border law enforcement in my country can also be performed compared with domestic law。According to Article 266 of the Civil Procedure Law of my country，Since the fourth editor does not make special regulations on cross -border law enforcement and evidence observation of data，Therefore。For example，In Wahaha complained about Maweihua Zhen's Accounting Firm and its infringement liability dispute in the Guangzhou branch，The court believes that KPMA should perform the investigation evidence of legal procedures in the Civil Procedure Law in my country。But it should be noticed that the particularity bet365 best casino games of the multinational civil litigation procedure itself，Can't mechanically apply domestic litigation procedures。For example，In the transnational civil and commercial cases，The People's Court of my country cannot directly go to other countries to retrieve、Collect evidence，Especially data evidence that is closely related to personal privacy and national information security。Therefore，Need to handle more flexible processing of data cross -border law enforcement evidence in our judicial practice。The "Arrangement on the Commissioner of the Mainland and the Macau Special Administrative Region Court of Special Administrative Region in the Mainland and the Macau Special Administrative Region added to the judicial documents and retracting evidence for witnesses、Appraiser video、Audio testimony related regulations，Highlight the precautions of electrical transmission and the effectiveness of evidence on the network judicial assistance platform。This is just a provision for the assistance of inter -regional judicial assistance，But it can be seen that my country has paid for the new form of data to adapt to data cross -border evidence。

　　Improve the mechanism for cross -border law enforcement and evidence collection of data

The key to solving the above problems is to establish a set of domestic laws and bilateral、Data cross -border law enforcement mechanism that can properly handle the relationship between data sovereignty and judicial sovereignty。

On the one hand，Improve domestic legislation。Only the value orientation of a country in domestic legislation，can we more calmly explore the data evidence and evidence collection rules in cross -border civil and commercial cases。At present, the relevant provisions of my country's data cross -border law enforcement and evidence collection are relatively scarce，It can make up for the missing leakage in domestic legislation from the following two aspects。First，Relax of the limit on the method of obtaining evidence from data cross -border law enforcement。my country has not yet accepted or issued an electronic form evidence collection request bet365 Play online games for cross -border civil and commercial cases，This means that both parties need to wait for a long request delivery program。In the information network era，Data cross -border law enforcement evidence collection requires more convenient process。At present, some courts in my country have made a pass voucher through the Internet electronics、A mediation letter and other attempts，You can summarize and use the experience of domestic judicial practice，Properly relax the limitation of data cross -border law enforcement and evidence collection method，Allows the application of electronic request letters in data cross -border evidence，Explore more complete data cross -border law enforcement evidence collection system。2，Improved data cross -border law enforcement and evidence collection security assessment mechanism。Current，When the subject of evidence is the national national，At the requirements of foreign courts，People's Court can obtain evidence。July 7, 2022 The Measures for the Evaluation of Data Outbound Security Establishment Establishment of Data Outbound Evaluation Mechanism，Data processors provide data to overseas，Data security assessment should be declared。But this method does not stipulate how the court should operate in assistance to obtain evidence。Therefore，my country can imitate this method to construct the mechanism when data cross -border law enforcement and evidence collection，If you need to consult the online information department、The opinions of the national security department make a decision to assist or do not help。

On the other hand，perfect bilateral、Implementation rules for multilateral cooperation。Differences in solving data cross -border law enforcement evidence，The most effective way is through bilateral、multilateral cooperation。my country can lead the revision of the bilateral bilateral、Relevant clauses in the multilateral contract，Improve the coordinated out -of -domain data evidence collection mechanism。First，Formulate international standards for cross -border transmission，Strengthen protective legislation。In order to reduce the obstacles of data cross bet365 live casino games -border transmission、Promoting the efficiency of litigation activities，Countries can transmit international standards cross -border transmission through unified data，Determine the effectiveness of cross -border data collection、evidence collection method、Procedures that need to be fulfilled。You can directly supplement the relevant terms of the international unified standards in the Hague Convention，Allow countries that have participated in the treaty to retain certain things，Allows countries that have not participated in the treaty to join the Convention，Expand the scope of the application of data cross -border transmission international unified standards。2，Clear data sovereignty，The necessary procedures for replenishing data cross -border evidence。The ownership of data sovereignty should be determined in a widely influential multilateral agreement，Rights and obligations to the requesting country and the country of requesting、Restrictions on the transmission program, etc., make requirements。At the same time，Requesting countries need to perform standardized procedures，Make the country requested can judge whether the application of the request country for the application materials is reasonable、Can it guarantee the security after the data is spread。In fact，Many countries have made similar attempts at the legislative level，my country's "Evaluation Measures for Data Outbound Security" stipulates the programming content of the reporting security assessment of data outbound data; the EU "General Data Protection Regulations" also sets the restrictions on personal data outbound，It is stipulated that the personal data can be transmitted to the third country under the premise that the third country is fully protected，If the third country does not have the level of full protection，The controller or the processor can only provide appropriate guarantee measures，and provides executable rights and effective legal relief Bet365 app download measures for the data main body，can personal data be transmitted to the third country。

(Author Unit: School of Law, East China University of Political Science and Law)