The Search On Criminal Jurisdiction Under Network Environment

With the fast development of computer science and the popularity of the Internet, People's lives become very convenient, that also caused a series of new problems. There is no formal uniform legislation on criminal jurisdiction of the cyber crime because of unique characteristics of cyberspace and the differences in ethical and legal concepts between countries. The determination of jurisdiction of cyber crime brought great impact to traditional theory on jurisdiction, the conflict of transnational criminal jurisdiction on cyber crime has become more serious. How do we exercise the jurisdiction of cyber crime? At this stage, the research on this legal issue has great significance, Its solution not only has theoretical significance, but also has practical significance. Based on criminal law, computer science theory and research in related fields that is at home and abroad, with cyber crime jurisdiction as the research object, the paper identifies problems and proposes solutions to solve cyber crime through the analysis of the relevant issues, comparison and thinking. We hope to achieve victory against cyber crime through my own effort.This paper is divided into four parts.The first part, propose problem that will be studied in this paper. The author made simple case presentation of the gambling cases of Tan Zhiwei, made a detailed analysis on this case with the result that China court dealt with it. Finally, point out the cases involving the jurisdiction of this dispute points.The second part, the network theories of criminal jurisdiction are reviewed. Fist, discuss the criminal jurisdiction of traditional and make a relevant evaluation. Then point out the charge between cyber crime and traditional criminal jurisdiction.The third part, the main theories and practice in many countries' legislation was generalized and discussed. These include new sovereignty theory, jurisdiction relativity theory, minimum contact theory and so on. Legislative activities include Germany, the United States, the international community and Chinese legislation.The fourth part, the solution to conflicts of criminal jurisdiction over cyber crime. If we determine the location of the crime, it is easy to establish our jurisdiction. The author thinks that effectively solve the conflict of criminal jurisdiction over cyber crime, on the one hand, to adopt rational jurisdiction applicable principle, on the other hand to strengthen international cooperation and judicial assistance.