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Author	Dr Yan Zemin
Organisation/Institution	China University of Political Science and Law (CUPL)
Country	CHINA
Panel	Criminal Law
Title	The Dual Structure of Procedural Rights in Cross-Border Data Collection and Countermeasures in Cybercrimes
Abstract	Electronic data is increasingly prevalent and even critical as evidence in cybercrime cases. This has significantly heightened nations' demand for cross-border acquisition of electronic evidence. However, the inefficiency of traditional international criminal judicial assistance cannot meet the demands of today's cybercrime landscape. Based on this, the model for cross-border data collection in criminal cases has shifted from the “data storage location” approach to the “data controller” approach. For China, the core issue that urgently needs to be addressed is how to balance international cooperation and national defense. Against this backdrop, this paper focuses on two central questions: First, how should China understand and assert its jurisdictional rights to safeguard judicial independence and national interests? Second, how should China construct and refine its rights of disposition to control data outflows, prevent security risks, and simultaneously safeguard citizens' personal information and privacy from improper exploitation? This paper attempts to answer these questions by analyzing the dual litigation rights structure from the perspective of underlying interests. Jurisdictional rights manifest as a defensive stance by the state against foreign cross-border evidence collection activities. Their core purpose is to safeguard China's judicial sovereignty and procedural order. Disposition rights emphasize the control and protection of data during cross-border flows. Responses grounded in jurisdictional rights may consider institutional defenses and collaborative optimization, introducing appropriate controller factors with data localization as the baseline while refining international criminal judicial assistance procedures. Responses based on the right of disposition may involve optimizing electronic data processing mechanisms, strengthening security review mechanisms, and reinforcing compliance responsibilities for involved enterprises.
Biography	Yan Zemin is a lecturer of the School of Criminal Justice, China University of Political Science and Law (CUPL, China). She studied at China University of Political Science and Law from 2012 to 2016, earning bachelor's degrees in law and economics. From 2016 to 2019, she pursued a master's degree in criminal procedure law at the same institution. She then enrolled in a doctoral program at CUPL from 2019 to 2022, obtaining her Doctor of Juridical Science degree in 2022. She conducted postdoctoral research at the School of Law, Beijing Normal University, from 2022 to 2024 and joined CUPL in 2024. She engages in research on criminal procedure law and the criminal justice system. Recently, she has been focusing on research related to cybercrime and published a paper in 2025 titled "Determination of the Relationship Between Investigation and Trial Jurisdiction of Cybercrimes and Improvement of Procedures in the Revision of the Criminal Procedure Law," Law Science, 2025 (07).