Determination Of Network Criminal Jurisdiction

With the popularization of Internet, cyber crime shows sharp growth potential. Virtual, global network leading to the network crime breaking boundaries geographical barriers, showing a multinational. A major problem of the network crime-on how to exercise jurisdiction? How to solve the jurisdiction of cyber crime problem, not only can effectively combat network crime, to maintain the security of network, coordinate the interests of all parties, and the conflict of national judicial sovereignty is coordinated by a moderating role.Virtual network space, which is the main feature of the network crime is different from the traditional crime, it means that the traditional criminal jurisdiction theory cannot meet the application to the network space, at the present stage in our country for the network crime criminal jurisdiction is not the law statute, the court still use the traditional jurisdiction theory in the personal, territorial, universal and protect the four jurisdiction principle in dealing with network crime, so in dealing with transnational network crime case when stretched.At present, the domestic law researchers proposed limited jurisdiction theory, expand the geographical jurisdiction, jurisdiction and the jurisdiction relativity theory. Four different opinions on the network crime jurisdiction, but four jurisdiction theory also has drawbacks in the judicial practice, so the author thinks that to solve the conflict of jurisdiction should be based on the traditional jurisdiction theory, flexibility in the use of elastic principle of judicial system, reasonable avoid the network without borders has jurisdiction for war.This paper is divided into four parts:Network crime jurisdiction theory and the legislative practice is divided into two sections, the first section network jurisdiction theory, specific analysis of the domestic law of four different solutions of network criminal jurisdiction conflict proposed, and an example is given to illustrate the theory of abuse of jurisdiction; legislation practice second network at home and abroad criminal jurisdiction, regulation the British, American and foreign examples of international of network crime jurisdiction did, and a brief description of deficiencies in the foreign jurisdiction of cyber crime in the judicial practice, domestic legislative practice examples of Hongkong, Taiwan and network crime China inland the jurisdiction, and a brief description of the domestic network of our country crime jurisdiction there serious defects.Basic principles of network criminal jurisdiction, divided into the principle of respect for state sovereignty, lawsuit possibility principle, principle of justice and fairness and timely and effective crime principles, the four principles are the foundation to determine the jurisdiction of cyber crime, through the general always principle. The principle of respect for state sovereignty is the basic principle of his country’s international friendly diplomatic relations, while curbing his country’s judicial sovereignty while expanding the country’s judicial sovereignty, will eventually lead to rupture of international relations; lawsuit possibility principle is reasonable use of judicial resources, improve judicial efficiency first principle, the network crime case has important the significance of the principle of justice is the law; any time to comply with the location; timely and effective crime principle, regardless of how the degree of conflict, the various countries and regions, the final goal of only one--the crime effectively, it is the various countries and regions, legislation, judicial only invariable principles.Factors affecting the right to determine the network crime jurisdiction, divided into place, the crime behavior and behavior process, behavioral process is a special method for network crime and the creation of a concept, has the important meaning to the definite network crime. To determine which of the three location plays an irreplaceable role in determining network jurisdiction, is the impact of network crime, jurisdiction only three factors.Solution for network crime fourth jurisdiction conflict,three factors for the third chapter analysis the influence of network crimes in the jurisdiction of the second chapter,the basic principles of network crime through out the jurisdiction,in the judicial practice in the use of traditional criminal jurisdiction basis right theory,proposed in the judicial practice to avoid conflict of jurisdiction can the measures taken,respectively,the actual control of actual harm priority priorityjudicial efficiency priority and the conclusion of the International Convention on.