关键词: 《联合国打击网络犯罪公约》(草案), 《布达佩斯公约》, 刑事定罪, 跨境取证, 数据主权

Abstract: The publication of the United Nations Convention on Combating Cybercrime (draft) has demonstrated great achievements of the developing countries,while still facing crucial challenges.In future negotiations,China should prioritize safeguarding national sovereignty and accommodating the interests of developing countries while continuing to uphold its fundamental stance against cybercrime.Strategic adjustments should be made to expand the convention's scope and influence by amending the draft convention to broaden the definition of punishable offenses and its applicability.China should firmly oppose unilateral evidence collection clauses characterized by the “data controller model” in the draft convention,actively promote its mechanism for reviewing outbound criminal evidence,and explore cross-border electronic data retrieval solutions based on data sovereignty.

Key words: the United Nations Convention on Combating Cybercrime (draft), Budapest Convention, criminalization, cross-border evidence collection, data sovereignty