The Network Of Criminal Jurisdiction To Determine

Cyberspace owns the characteristics of the objectivity and real-time, open and interaction, globalization and going beyond time and space. It has already shaken the traditional basis in case of criminal jurisdiction. With the sharp increase in the number of the network crimes and meeting with the conflict of the jurisdiction, cyber-crime can hardly find it's own position in the judicial practice for it's hard to find, intelligent and terribly jeopardizing the society. New questions have been raised up to fighting against the crime, the security of the internet information and the stability of the society.This article firstly introduces the characteristics of the cyberspace and cyber-crime. It also analyzes the trend of the present situation and development of the cyber-crime in recent years in China. It raises that the current situation of the legislation could not meet the need of the rising cyber-crime because the policies are still immature, the cyber technology are fast growing. Then we have put emphasis on analyzing the current situations and difficulties of cyber-crime jurisdiction compared with the traditional theories. Meanwhile, we made reference to some other countries' experience of judicial practice and the relevant provisions of some international convention. Combined with the China's real situation, we have proposed the place of major criminal action, place of the criminal destination and place of the serious detriment as the advice to the jurisdiction, which can make the criminal jurisdiction more operational. In conclusion, we have raised some advice on "formulating the specialized the anti-cyber-crime criminal legislation; enhancing the link of the relevant provisions in criminal law and administrative law; amending the relevant legislation in criminal law", and we called for promoting the building of a formal cyber supervisory department and to make its all duties clear. We should also exert all classes of society to strengthen the social management of the internet. Meanwhile, we shall learn the experience from the civil and commercial cases and promote the domestic and international cooperations to fight against the cyber-crime and maintain a safe cyberspace.This article is divided into 5 chapters.Chapter 1 "the characteristics and the status quo of the cyber-crime" is divided into 3 paragraphs, mainly describes the features and the status quo of cyber-crime. Combined with characteristics and status quo of the cybercrime, the chapter starts with the introduction of cyberspace and cyber-crime to point out that the current cyberspace legislation could not meet the need of the punishing the cybercrimes. The order should be standardized and the rules should be strengthened.Chapter 2 "the theories of the criminal jurisdiction" is divided into 2 paragraphs, firstly introduced the traditional principles of criminal jurisdiction(e .g. territorial jurisdiction, personal jurisdiction, protective jurisdiction and universal jurisdiction) . Then, we have chosen and made a brief analysis on some current major principles of jurisdiction, proposed that they have pros and cons and impractical in real situation.Chapter 3 "the status quo and problems of the cybercrime jurisdiction" is divided into 2 paragraphs, firstly we have analysed that the cybercrime has got the challenge to the traditional principles such as territorial jurisdiction, personal jurisdiction, protective jurisdiction and universal jurisdiction. Combined with the practical experience, we have pointed out that the cyber supervisory department do exists some problems such as lack of unification in organizational structure, ambiguity in functions, different ranges in accepting cases and etc.Chapter 4 "the practice and learn from the cybercrime legislation of some countries". We have learnt principle of "minimum link" from America. The principle of ambiguity makes it possible for the application in the cyber-crime. Through learning from Singapore, India and other countries' strict legislations and administrative measures, only put forward we to formulate some special regulations of the cyber-crime punishment, we probably may solve the problems like disputed jurisdictions, the place of the criminal action and etc. Lastly, learning from the the "Convention on Cyber Crime", we have proposed that we could transplant some applicable principles from civil and commercial cases to the criminal jurisdiction.Chapter 5 "some thoughts with regard to criminal jurisdiction of China's cybercrime", combined with analysis above and author's practice, we have set forth from 4 aspects: The first we have proposed is to determine where the crime was committed. We have made some advice, on the basis of the principle of territorial expansion which all countries are applying, that it is more scientific to integrate the place of criminal action, the place of criminal destination, and the place of serious detriment to determine the right of the cyber criminal jurisdiction; the second is that against the difficulties of the determination of the place of the criminal action in the litigant jurisdiction, we have pointed out the different places of criminal action have different meanings; the third is that we have raised some advice to make cyber legislation perfect, such as amending some regulations in criminal law, strengthening the link between criminal law and administrative law, constructing an integral legal system and so on; the fourth is that for the above-mentioned difficulties in the jurisdiction, we have proposed some advice on promoting the building of the standardized cyber supervisory department, strengthening the administration of the internet community, enhancing the international legal assistance in order to decrease the conflict of the jurisdiction and maintain a safe internet environment.