With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online...With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online retrieval of electronic data is positioned as a new type of arbitrary investigative measure.However,study of its actual operation has found that the online retrieval of electronic data does not fully comply with the characteristics of arbitrary investigative measures.The root cause is its inaccurately defined nature due to analogy errors,an emphasis on the authenticity of electronic data at the cost of rights protection,insufficient effectiveness of normative documents to break through the boundaries of law,and superficial inconsistency found in the mechanical comparison with the nature of existing investigative measures causes.The nature of electronic data retrieved online should be defined according to different circumstances.The retrieval of electronic data disclosed on the Internet is an arbitrary investigative measure,and following procedural specifications should be sufficient.When investigators conceal their true identities and enter the cyberspace of the suspected crime through a registered account to extract dynamic electronic data for criminal activities,it is essentially a covert investigation in cyberspace,and they should follow the normative requirements for covert investigations.The retrieval of dynamic electronic data from private spaces is a technical investigative measure and should be implemented in accordance with the technical investigative procedures.Retrieval of remote“non-public electronic data involving privacy”is a mandatory investigative measure,and is essentially a search in the virtual space.Therefore,procedural specifications should be set in accordance with the standards of searching.展开更多
基金the phased research result of the Supreme People’s Procuratorate’s procuratorial theory research program“Research on the Governance Problems of the Crime of Aiding Information Network Criminal Activities”(Project Approval Number GJ2023D28)。
文摘With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online retrieval of electronic data is positioned as a new type of arbitrary investigative measure.However,study of its actual operation has found that the online retrieval of electronic data does not fully comply with the characteristics of arbitrary investigative measures.The root cause is its inaccurately defined nature due to analogy errors,an emphasis on the authenticity of electronic data at the cost of rights protection,insufficient effectiveness of normative documents to break through the boundaries of law,and superficial inconsistency found in the mechanical comparison with the nature of existing investigative measures causes.The nature of electronic data retrieved online should be defined according to different circumstances.The retrieval of electronic data disclosed on the Internet is an arbitrary investigative measure,and following procedural specifications should be sufficient.When investigators conceal their true identities and enter the cyberspace of the suspected crime through a registered account to extract dynamic electronic data for criminal activities,it is essentially a covert investigation in cyberspace,and they should follow the normative requirements for covert investigations.The retrieval of dynamic electronic data from private spaces is a technical investigative measure and should be implemented in accordance with the technical investigative procedures.Retrieval of remote“non-public electronic data involving privacy”is a mandatory investigative measure,and is essentially a search in the virtual space.Therefore,procedural specifications should be set in accordance with the standards of searching.
文摘针对质地黏重、低渗透性黏性土的淋洗效率低下,该文提出冻融协同化学淋洗的修复方案,并以某冶炼厂受Cd、Pb污染场地黏性土为研究对象,选用乙二胺四乙酸二钠(ethylene diaminetetraacetic acid disodium salt,EDTA)为淋洗剂,进行了冻融-淋洗土柱的实证试验。结果表明,土体的反复冻融(冻胀-吸水、融沉-排水)破坏土体颗粒原有结构,有助于淋洗液与污染物充分接触,淋洗效果明显,经7次冻融后,Cd、Pb去除率分别达到77.24%、37.78%。采用改进的BCR(European Communities Bureau of Reference)连续提取法分析了土柱中Cd、Pb的赋存特征,经7次冻融后,土壤中弱酸提取态、可还原态、残渣态结合的Cd质量分数较淋洗前分别降低了41.46%、63.02%、26.33%,而土壤中可还原态和残渣态结合的Pb质量分数分别降低了32.32%、67.36%。冻融协同化学淋洗修复技术的淋洗剂用量远小于传统淋洗法,为今后利用寒区冻融交替现象,大规模对季冻区重金属污染土壤的异位修复提供了新的思路。
