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On Criminal Spatial Effect Of Cyber Crime

Posted on:2015-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:S W ZhangFull Text:PDF
GTID:2266330428499243Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the development of science and technology changes, mankind has entered theInternet age. Network,as a kind of instantaneous generation, real-time interactive, highlyshared media, connects the whole world fast and rapidly. However, the network is likePandora’s Box, brings infinite surprises as well as giant disasters-cyber crime.The paper is about cyber-crime and the principle of the validity in terms of space incriminal law. Based on case analysis, theoretical carding, and relevant network technology,the paper finds that the principle of territoriality is the fundamental way to solve spatialeffect of the cyber crime. Moreover, the paper puts forward the standard which determinesthe place of act and consequence. Finally, the paper summarizes the way to coordinate thespatial conflicts of cyber crime.The full text is divided into four parts: the first part is an overview of cyber crime.First of all, based on the analysis of network, the relationship of cyber crime and computercrime and the concept of cyber crime, the paper defines the definition of cyber crime.Secondly, the paper summarizes the trend of cyber crime. Finally, the paper summarizesthe characteristics and the types of cyber crime and puts forward that cyber crime can bedivided into cross-border cyber crime, transnational cyber crime and the mix ofmultinational and cross-border cyber crime.The second part is about the basic theory analysis of spatial effect. Firstly, the paperputs forward that the spatial effect of criminal law is different from criminal jurisdiction.Secondly, the paper expounds the related theory of the criminal jurisdiction of cyber crime.Finally, the paper leans on territorial jurisdiction to solve the problems of criminaljurisdiction.From the perspective of the network technology and the analysis of typical cases, thethird part is mainly about the mechanism of spatial effect of criminal law. The paperdemonstrates that the criminal jurisdiction of cyber crime shall be based on theterritoriality principle, and regards the place of act and consequence as the key to solve theproblem. The fourth part discusses the way to coordinate the spatial conflicts of cyber crimefrom the two aspects of internationality and inter-region.
Keywords/Search Tags:cyber-crime, spatial effect, territoriality principle, coordination, conflict
PDF Full Text Request
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