Study Of Cybercrime Criminal Jurisdiction

The brith and the prospering of network, is a process of every single technial advance made historic achievements. In this process, the network brought many new contents and various forms to the behavior, thinking and even the social structure,which played a great part in the social development,But the network has also brought the negative effect. The network crime is this kind of negative effect product, It took one kind of new crime phenomenon has had the impact to the criminal law,In which especially is obvious to the criminal jurisdiction impact. The network crime particularity has been brought about by the criminal jurisdiction confirmation pounding gravely,The tradition convict administers theory already being able to not adapt to the need taking precautions against and striking network crime's ,can not have an effect to resolve network crime criminal jurisdiction confirmation and the problem resolving conflict. At the same time, relating to the network crime criminal jurisdiction in every country also existence the grave defect ,the conflict always all not forming the effective network crime criminal jurisdiction harmonize mechanism,Have been difficult to prevent from composing in reply ntworkcrime cracking down on striding over boundary effectively therefore , have brought about the consequence having indulged network crime , having hindered network health from developing. The article set off from the network crime summary,Theory and pertinent legislation practice the summary is summed up about current main network crime criminal jurisdiction theory,pick out that traditional theory is enough to solveCriminal jurisdiction of network crime problem,Butbecause of the cyberspace nothing regionality , the network crime committing the crime field is difficult to ascertain, Moreover easy to lead to many jurisdiction conflict. Therefore still being necessary to network crime, the criminal jurisdiction composing out being accurate summarization more and develops.The first part is carries on the outline to the network crime. First begins from the network crime concept limits,The revelation network crime took one kind of new crime shape may define it as The main use networking, implements the harm computer system, the network information system security,has the serious social hazardous behavior .Secondly, the article carries out differentiation on network crime and computer crime , thinks that networkcrime is that computer crime develops the outcome arriving at the certain stage. That the article brings forward the network crime intrinsic characteristics then is the cyberspace opening to the outside world nature and information and their intermediary nothing body sex. Finally, the article has carried out classification on network crime according to different standard.The second part isis the criminal jurisdiction theory commentary and flexible legislation practice expounding to network crime. The criminal jurisdiction carries out a summary on tradition first , points out the impingement that network crime brings about to tradition criminal jurisdiction; Theory has carried out the abstract and commentary on current main theory immediately next. Relativity theory , net location administer theory , limited expansion dependency administers theory and depends on tradition to administer theory including new sovereign right theory , The article thinks that network crime is criminal administering a problem still being able to depend on the tradition jurisdiction theory goes to solve. Have introduced the legislation of the main country practice activity finally.The third part of the thesis is most important. The part mainly talk about the aspect affecting the factor that the network crime criminal jurisdiction establishes expounding. First, need to establish the network crime field's setting mind on a standard. Ascertain the network crime criminal jurisdiction needing to commit a crime for sure field. About the theory about crime field mainly be divided that subjectivity says , the objective says , compromise says .Great majority countries adopt compromise to say view , our country neither exception. But in network crime, come the field to there exist difficulty in doctrine since the cyberspace nothing regionality, commits a crime with regard to setting mind on relative tradition committing a crime. Compromise doctrine commits a crime set mind on a standard having the right inclination expanding sovereign right and the penalty, and easy to criminal jurisdiction happened with the country who uses that standard other field conflict. The article thinks that the method of work being able to draw the USA court is expert when conduct "has purpose , the mental consciousness " field to have made use of a law's and have been turn to administer the area inner's behind the method of work having introduced USA and Europe judicial authority, ability sets mind on the person for the networkcrimefield , possibility exercise dependency jurisdiction. Secondly, to talk about network criminal act field and result field ascertaining. The network criminal act field is the priority studying. the network criminal act can decompose becoming some behavior, but is really not that all behavior all can arouse the criminal jurisdiction, otherwise grave conflict that can arouse the network crime criminal jurisdiction. The article thinks that the network criminal act field can be that the network criminal act puts field into practice mark , transfers three ultimate destination stages process field and network behavior. That the network criminal act puts field into practice is to affirm the network crime criminal jurisdiction reasonableness basis. But, behavior transfers through namely the "abstract" transiting there existing dispute in if behavior field can become the basis affirming a criminal jurisdiction. The article thinks that being the wiring point ascertaining jurisdiction is if network transmission behavior have produced the causal relationship damaging , should degree and this damage and that behavior damaging kind. But simple transmission behavior is to have no way to produce essence damage's through to information , that the field is network crime criminal jurisdiction wiring point therefore transferring behavior is meaningless. The network behaviorer puts some on one hand network behavior into practice having the specially appointed behavior marriage partner, important condition also having specially appointed purpose , composing subjectivity in important condition only when the behavior having a destination to browse and putting concrete behavior into practice accords with what corporal punishment stipulates that committing a crime just now. That network behavior final destination is network crime criminal jurisdiction junction is meaningful. It is not bad behavior criminal jurisdiction resolving an "abstract" transiting. The boundary to network crime result field is fixed, the victim to discover network criminal act end instrument, the ICP server to be that equipment and the technology consult a factor, standard making use of examination as subjective state "in order to having purpose" computer terminal location or the victim discovering the network criminal act with the victim has a destination to be put into use and that the ICP server location discovering the network criminal act ascertains a criminal jurisdiction finally and then as network criminal act is rational. Think that the factor affecting the network crime criminal jurisdiction's includes except the field firm belief, still has theory to committing a crime visiting behavior and covering location as with a net. That the article thinks that visit behavior is be one kind of important behavior way of network behavior , the person and simple, browsing behavior is different. Visit behavior can be divided that active touching act inactive touching act and interactive touching act .The article thinks that essential points is absolute denying that visit behavior can initiate a criminal jurisdiction. Whether net location can become a criminal jurisdiction's ascertaining a basis, article think that as far as net location, needs to become new jurisdiction according to demonstration and practice remaining to be progressed.The fourth part is about the discussion on the solution to the conflict between criminal jurisdiction of network crime. In order to solve the conflict of criminal jurisdiction of the network crime effectively, on one hand we should strengthen international legislative cooperation, make out the convention which regulates the crime against the international network.. this convention should identify a clear judicial priority criteria. it is stated in this thesis that jurisdiction priority should be given to the Territorial jurisdiction first ,then Personal jurisdiction, Protection of jurisdiction,Universal jurisdiction.n the other hand, efforts should be given to strengthen the control on the assistance of international criminal jurisdiction of network crime, mainly on the following four aspects: extradition, investigation and evidence collection, the transfer of criminal jurisdiction, the recognition and the implementation of foreign criminal judgments. In the end of this article ,we conclude that the limited jurisdiction protection can be adopted to coordinate networkcrime criminal jurisdiction conflict.