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Research On EU Against Transnational Internet Pornography Crime

Posted on:2014-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:X J LinFull Text:PDF
GTID:2246330398459745Subject:International Law
Abstract/Summary:PDF Full Text Request
There is no unified definition on Internet pornography crime within home or abord, and difficulties exist in convicting that a certain behavior constitute an Internet pornography crime, which is closely linked with the virtuality, concealment and openness of the network environment. Thus, compared to other crimes, the cross-border Internet pornography crime create more damages to the society, which means to fight against the transnational Internet pornography crime have a greater significance.The European Union (referred to as EU) defines the Internet pornography crime through the adoption of the Conventions between its member states, especially the Council of Europe Convention on Cyber crime signed in November2001and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse signed in October2007, The Cyber crime Convention is the first and the most important international convention against cyber crimes throughout the world, The Convention lists the specific behavior of child pornography, and provides the special procedures of the acquisition of electronic data in the investigation period. Member states should modify its domestic law so that all the information service providers take on the obligation to provide the fast protection and real-time collection of traffic data in order to make the speedy investigation of evidence reliable. Meanwhile, the Convention also provide the jurisdiction and international cooperation clauses, in order to achieve the maximum cooperation on the investigation of evidence between its member states. The Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse make special charges on the spread of Internet pornography, and provide special provisions on the investigation, prosecution of child pornography cases. The Conventions succeed in the unity of applicable law between its members states and provides the legal basis of transnational cooperation for the fight against cyber crimes. Thus China may make its own rules to cooperate with other countries according to the Conventions.EU differs from others in its high efficiency within the criminal judicial assistance between its member states on the fight against Internet pornography crime. To fight against Internet pornography crime definitely involves the acquisition and transfer of related evidence or the handover of the suspects, EU has its unique feature on the above matters. Meanwhile, EU set up the European Judicial Network and the Eurojust to help coordinate with others. Also it carry out the European Judicial Training programme to combat transnational crimes. On the contrary, China has no appropriate criminal judicial assistance legislation, there are also inconsistency in criminal judicial assistance agreements signed together with other countries. So china should learn from EU and make amendments to the criminal law in order to make the behavior of the spread of Internet pornography a crime. What’s more, China should actively conclude conventions on mutual assistance in criminal matters with other states so that to make the acquisition and transfer of the criminal evidence and relevant documents in the fight against Internet pornography crimes speedy and convenient.
Keywords/Search Tags:Internet pornography crime, Convention on Cyber crime, criminaljudicial assistance, the principle of ne bis in idem
PDF Full Text Request
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