On The Determination Of Criminal Juri Sdiction Over Cybercrime

The determination of cybercrime criminal jurisdiction mainly refers to the one which is belong to the substantive law, rather than the procedural. The space of cybercrime is different from the traditional crime's. The space of traditional crimes is the physical space which is a realistic, easy to determine, three-dimensional space, while the cybercrime's pace is virtual, infinitely extended, and difficult to identify, which is a challenge to the traditional geographical jurisdiction. Currently, there is no formal legislative provisions on criminal jurisdiction of the cybercrime, therefore inevitably appeared a conflict on cybercrime criminal jurisdiction. With the growing number of cybercrime cases, the conflict of the jurisdiction is severer, our traditional principle of jurisdiction is powerless in addressing these issues. So, scholars have put forward various theories, such as the theory of limited expansion, the jurisdiction theory of breaching the law benefit, the theory of network self-government, the basic theory of website jurisdiction, to attempt to resolve such conflicts. Our Hong Kong and Taiwan have also taken a number of temporary post-conflict solutions in the face of the issue of conflict in jurisdiction, but also not the most perfect.The principles of respecting national sovereignty, possible litigation and the principle of impartiality are the foundation of the determination in cybercrime jurisdiction and a cross-cutting principle in general. The principle of respecting national sovereignty is an important principle of international law, but also the one which is must be complied with when dealing with international crimes. On the one hand, States strongly reject the interference and "excessive jurisdiction" of other countries, on the other hand, they want to expand their jurisdiction, therefore, we can't ignore the principle of national sovereignty in this process, otherwise, it will lead to a greater conflict. Firstly, we should consider the possibility whether the court can proceed when determining the jurisdiction of the court, that is, whether the court has the legal conditions. The principle of possible litigation has an important significance on safeguarding national sovereignty, rationally allocating international cases, ensuring the smooth conduct of the trial. The principle of justice is the essence of the law, should be abided at all times.Due to the more and more developed network, there are frequent cases of cybercrime in U. S. A. Based on the method of dealing with the similar cases, it is feasible that the network servers, the location of computer terminals, the destination of positive purpose of the act, as well as the interactive web site serve as the basis of jurisdiction. Some scholars use the principle of actual control and who first handles who has the priority in resolving inter-district conflicts, since this principle can resolve the inter-district conflicts, also should be applied in the cross-border cybercrime. Importing the rule of Forum Non Conveniens to international criminal law has an important significance to prevent forum shopping, but also improves the work's efficiency. Concluding the International Convention on cybercrime should be the best way to reserve conflicts, looking forward to the birth of an international convention on cybercrime in the near future.