Cybercrime Criminal Jurisdiction

With the development of the cyber, which expand life field, and brings enormous convenience for human society. But at the same time it gives people to share the strange, also has brought an unprecedented impact. For example, it is unprepared. for the cyber crime that happened in cyber virtual space. It is a new type for the cyber crime. Because of the characteristics of the globalization and virtualization in cyber space, which bring up the intelligent, concealment and wide performance in the cyber crime. However the characteristics of cyber space is just right the different problem of the criminal jurisdiction over cyber crimes. With traditional criminal cases, we can find a steady connections to define the question of jurisdiction, but it is very difficult to find a steady factors defining the question of jurisdiction. It grows perplexity with using traditional criminal jurisdiction. With the social constantly progress and technology rapid development, the people produce rely on network. The cyber crime is constantly rampant in increasingly, which bring up more jurisdiction conflicts. If the problem cann't be solved, the consequence is unimaginable. Facing the serious harm which bring up of the cyber crime, many countries use related legislation to standard. Also it appears the first international convention according to cyber crime behavior. My country based on the practice to form the mainstream view for the cyber crime jurisdiction is to expand explaining crime place to realize jurisdiction. Maybe the web site of the network service providers, download, operating computer place, which are as crime place. But because of the lag of the technology and the lack of law, or make our country cann't blow cyber crime greatly, and the country and personal are in danger at the moment. According to sure problem of the criminal jurisdiction in cyber crime, it grows some theory in academic. For example, the new sovereignty theory,the jurisdiction relativity, the new sovereignty theory, the jurisdiction relativity, the minimum relationship principle, the site sources theory, the principle of territoriality expanding jurisdiction, the limited protection theory and so on. The theory is crystallization of scholars' wisdom. It has certainly admissibility in practice. But also it is obvious of the problem in each theory. In practice how to apply also have no clear and unity explain. It make us can't guidance reality judicial work effectively. It is unhelpful for solving the problem about criminal jurisdiction. The author think to establish cyber crime cases about criminal jurisdiction, we must based on the stability of the laws, and insist on to basis of dependency jurisdiction. To expand interpret crime in practice so that apply it effectively. To increase the base about the jurisdiction exercise. To promote the grade jurisdiction levels in practice. And to strengthen cooperation when processing interregional and cross-border cases, which can solve the jurisdiction problem at present about cyber crime. According to the text in analysis basis, and combined with cases to put forward suggests about solving cyber crime jurisdiction.