中圖分類號：D924.3文獻(xiàn)標(biāo)識碼：ADOI:10.19358/j.issn.2097-1788.2025.05.012
引用格式：孫鍵. 歐盟刑事跨境電子取證制度的新發(fā)展及啟示［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2025，44（5）：78-84.

The new developments and enlightenments of the EU′s cross-border electronic evidence collection system in criminal matters

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 application and low efficiency after initiation. The unilateral cross-border electronic evidence collection system, which serves as a supplement, 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 European Production and Preservation Orders Regulation as a reference, it can be seen that the personalism unilateral cross-border electronic evidence collection system has become the international mainstream. In view of the breakthrough of traditional sovereignty theory in the EU′s unilateral cross-border electronic evidence collection system, China should take the lead in building a personalism-based criminal unilateral cross-border electronic evidence collection system with network service providers as the evidence collection nodes. Then, we should consider the improvement methods of criminal judicial assistance. This will improve efficiency, ensure sufficient evidence collection, assist in the investigation and resolution of cross-border cybercrime cases, and enable us to take the initiative and have a say in the international cyberspace, thereby safeguarding our country′s dat

Key words : cross-border evidence collection; electronic data; data sovereignty; protective jurisdiction; personality