Digital Age，Traditional crimes are generally brought online，Criminal activities spread globally through cyberspace。But in the process of prosecuting crimes by a country’s criminal justice agencies，Often subject to jurisdictional restrictions with strong geographical attributes under the sovereignty framework；The bonus bet365 criminal judicial assistance mechanism traditionally used for cross-border crime tracing，Because of its complicated procedures、Long process、Strong conditions、Congenital defects such as interference from external factors，Unable to adapt to cyberspace to quickly collect evidence、Realistic needs for effective crime investigation。In this context，Need to strengthen bonus bet365 cooperation in cyberspace crime governance、Consensus on bonus bet365 norms for innovation、Reconstructing relevant bonus bet365 rules。April 2023，The Supreme People’s Procuratorate (hereinafter referred to as the “Supreme Procuratorate”) issued the “Opinions on Strengthening the Internet Rule of Law Work of Procuratorates in the New Era”，Special emphasis is placed on “actively participating in bonus bet365 cyberspace governance”，And proposed to “actively participate in the negotiations of the United Nations Convention against Cybercrime (hereinafter referred to as the Convention)”，Propose and explain our country’s concepts and practices in promoting the legalization of cyberspace”。

Legislative practice bonus bet365 governance

On the one hand，At present, all countries and regions attach great importance to relevant legislative work，And achieved certain practical results。Led by the European Union in 2001，United States、Canada、The Budapest Cybercrime Convention participated in the drafting by Japan and other countries，Is the first bonus bet365 convention specifically targeting cybercrime in the digital era。The definition of cybercrime、Classification of data、Cross-border data forensics mechanism among member states, etc.，Both have had a profound impact on subsequent bonus bet365 or inter-regional cyberspace crime governance rules。For example，Commonwealth countries on the basis of the Cybercrime Convention，Drafted the Model Law on Computers and Computer-Related Crime in 2002，Further publication of the Commonwealth Cyber ​​Declaration in 2018，Emphasize the establishment of a stable bonus bet365 cooperation mechanism to combat cybercrime；The African Union adopted the Convention on Cybersecurity and Personal Data Protection in 2014；The bonus bet365 Telecommunications Union (ITU) has successively targeted the Caribbean region、Pacific island countries and the African region have drafted "Cybercrime/Electronic Crime: Model Policy Guidelines and Legislative Texts", "Pacific Island Countries Interregional Model Law on Cybercrime", "Computer Crime and Cybercrime: Southern African Development Community Model Law", etc.。

On the other hand，Current legislative practice also has shortcomings。Institutional exploration of early bonus bet365 cooperation in cyberspace crime governance，Most of them focus on the establishment of criminal substantive law，In particular, promote agreement among member states on the definition and coverage of cybercrime，But innovations in bonus bet365 criminal justice procedures are relatively limited。According to the "Global Status of Cybercrime Legislation (2013-2023)" report issued by the European Commission's Cybercrime Program Office，From 2013 to 2023，The number of countries around the world that have legislated against cybercrime from the criminal law level increased from 131 to 178，The number of countries enacting procedural law legislation only increased from 50 to 96 during the same period。This situation does not mean that there are fewer procedural obstacles in the bonus bet365 governance of cybercrime，Opposite，From the practical situation of cyberspace crime governance in recent years，The challenges facing criminal justice are more complex and intense。

Judicial challenges bonus bet365 governance

The first is the issue of cyberspace jurisdiction。Due to the contrast between the weak regional nature of cyberspace and the strong regional restrictions of bonus bet365 enforcement jurisdiction under the sovereignty framework，It is often difficult for a country’s investigative agencies to directly collect electronic evidence involved in a case stored overseas。The "Regulations on Several Issues Concerning the Collection, Extraction, Review and Judgment of Electronic Data in Criminal Cases" formulated by my country's "Two High Schools and One Ministry of Education" in 2016，Once authorized the investigation agency to extract data stored overseas；However, the "Electronic Data Evidence Collection Rules for Public Security Agencies Handling Criminal Cases" formulated by the Ministry of Public Security in 2019，Limit the extraction scope of overseas data to "public release"。The reason for this scope restriction，The conflict between cross-border data forensics and traditional jurisdiction。

The second is the issue of data rights protection。In the process of cyberspace crime governance，Whether it is the prediction and prevention of crime risks beforehand，Control the spread of criminal harm during the incident，It is still the pursuit of criminal cases after the fact，All are inseparable from the use and regulation of data。Meanwhile，The rights and interests carried by data are becoming increasingly complex，Already become data sovereignty、Data Security、The convergence point of multiple institutional values ​​such as personal information protection。In the process of a country carrying out cyberspace crime control，Especially when it comes to cross-border data forensics，There are often differences and conflicts between data rights protection systems in different countries or regions，Substantially hinders bonus bet365 coordination in cyberspace crime governance。

The third is the issue of public-private cooperation。Compared to bonus bet365 authorities such as public prosecutors and law，Private entities such as network service providers have obvious advantages in terms of data control and technical capabilities；And，Providing the data involved in the case through the network service provider，To a certain extent, it can weaken the direct conflict of national sovereignty in the cross-border bonus bet365 process。Therefore，Internet service providers are increasingly involved in cyberspace crime management activities，Formation of multiple levels with public authorities、Multidimensional、In-depth cooperative relationships in multiple fields。But the network service provider is not a bonus bet365 agency，Fighting crime is not its core business。Different countries or regions have questions about whether their own network service providers can voluntarily assist other countries’ bonus bet365 activities、In what scope、The regulations on how to assist are different，In addition, there are institutional differences between countries in the digital rule of law，Network service providers may violate domestic laws and regulations when assisting bonus bet365 agencies in other countries，Therefore there is a dilemma of public-private cooperation。

The fourth is the issue of digital capabilities and institutional gap。Differences in criminal justice systems and digitalization levels across countries，This creates a gap between the cross-border evidence collection capabilities of investigative agencies and the counter-investigation capabilities of criminals，There is a gap between the governance needs and institutional supply of different countries or regions，And objectively led to the formation of an bonus bet365 crime haven in cyberspace。

The shift in procedural law bonus bet365 governance

The first is the Convention being drafted by the United Nations。2019，United Nations passes resolution 74/247，Decided to form a special committee to formulate an bonus bet365 convention on cybercrime，Planned to complete drafting work in 2024，It is expected to become the first normative document on cyberspace governance with bonus bet365 legal effect actively promoted by China。Currently，The special committee has held five meetings，Established the basic framework of the convention，Procedural measures and bonus bet365 cooperation in cross-border law enforcement are its key contents。Although the Convention mainly targets cybercrime in the typical sense，But it can be seen from the name of the Convention，The procedural measures for cross-border evidence collection it established are not limited to new crimes，Also applicable to other Internet crimes。

The second is the "Additional Protocol II" under the framework of the "Cybercrime Convention"。"Additional Protocol II" took more than four years to draft，Officially adopted in 2021，The purpose of its legislation is to help member states’ law enforcement agencies in a timely manner、Effectively collect electronic evidence stored overseas，To this end the protocol introduces direct cooperation with network service providers、Quickly obtain cross-border evidence collection mechanisms such as registrant information and traffic data。According to the Guidelines issued by the Cybercrime Convention Committee in June 2023 "The Scope of Application of Procedural Powers and bonus bet365 Cooperation Provisions in the Cybercrime Convention"，Relevant procedural measures are not only applicable to “cybercrimes” in the classic sense listed in the Cybercrime Convention，Also applicable to any other traditional crime involving cross-border collection and extraction of electronic evidence。

The third is the European Regulation on Retrieval Orders and Preservation Orders of Electronic Evidence in bonus bet365 Cases (hereinafter referred to as the "Regulations") which is currently being drafted by the EU.。The drafting of the Regulations began in 2015，The Drafting Committee released the "Regulations (Draft)" in 2018，Since then, it has gone through a long process of soliciting opinions and revisions。June 2023，The European Parliament and the Council of the European Union reached agreement on the "Draft Regulation"，The "Regulations" are only one step away from being officially adopted。After passing，The "Regulations" will establish the EU retrieval order and EU preservation order systems，Aims to authorize member states to directly order assistance collection to the network service provider of another member state、Instruction to preserve electronic evidence involved in the case。

In addition to the above-mentioned exploration of representative systems at the bonus bet365 or inter-regional level，Cross-border law enforcement issues in cyberspace crime governance，There is also a regulatory model of “domestic law + bilateral agreement” taking American law as an example。In recent years，The United States relies on its network information technology and industrial advantages，Based on its domestic law "Law to Clarify the Legal Use of Overseas Data" (also known as "Cloud Law")，By establishing bilateral agreements with other countries，Gradually build a standardized system for cross-border combating cybercrime，Have certain bonus bet365 influence and demonstration。This model also reflects the spillover effect of the effectiveness of domestic law in the digital era through cyberspace。

Although the above procedural legislation has different paths，But the focus is relatively consistent，All attempts to reconcile the differences in criminal justice rules in different countries or regions，Improving the traditional bonus bet365 criminal judicial assistance mechanism；And through institutional innovation and capacity building，Proactively respond to current procedural barriers to cross-border combating cybercrime。current，bonus bet365 competition over cybercrime governance norms is increasingly fierce，The construction of this norm is related to the digital transformation of a country’s criminal justice system，It is also closely related to the construction of the country’s digital rule of law system。In the current era of restructuring of bonus bet365 cybercrime governance rules，China, as an active promoter of the Convention，On the one hand, it is necessary to actively coordinate the relationship between criminal justice and digital rule of law in domestic legal norms，To adapt to the practical needs of cyberspace criminal prosecution；On the other hand, it is necessary to appropriately promote the connection between domestic laws and bonus bet365 rules，Pay special attention to the connection and coordination of procedural rules，To improve the overall effectiveness of cross-border crime fighting in cyberspace。

(The author is a professor at Beihang University bonus bet365 School)