Criminal Procedure in the Cyber Space-Focused on the Disclosure of the Communication Record

为了应对日益增长的网络犯罪，笔者从法与经济学、法与心理学、法哲学等多学科的角度，对刑事诉讼的相关政策进行了探讨。因此，笔者认为，法律的修改，使执法人员能够比现在更方便地访问和处理第三方的准确数据库，并建立能够反馈和监督与个人数据有关的执法活动的机构或组织，是完全必要的。研究的显著特点是为实际的政治决策提供框架，以避免在保密通信权和社会保障之间作出矛盾的选择，而是通过跨学科的探索，在更高的维度上连贯地体现两者原则的理想。

In order to respond the increase of cyber crimes, I survey the appropriate policy concerned with criminal procedure, based on the interdisciplinary approach, such as law and economics, law and psychology, and philosophy of law. As a result, I conclude that legal amendment, which enables the law enforcement to access and process the accurate database of third party more conveniently than now and also establishes the institution or organization which enables the feedback and supervise the law enforcement activity concerned with the personal date, is absolutely necessary. The distinct character of the research is to provide the framework to practical political decision in order not to make the choice between the right to confidential communication and the social security as they were ambivalent, but to embody the ideal of both principle coherently in the higher dimension, through the interdisciplinary probe.