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The Study On The Challenges That Transnational Cybercrime Brings To International Cooperation In Criminal Justice And The Countermeasures

Posted on:2015-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:K Q DongFull Text:PDF
GTID:2296330422984408Subject:International Law
Abstract/Summary:PDF Full Text Request
Transnational cybercrime is a newly emerging type of transnational crime.The biggest difference between them is that transnational cybercrime combinesthe traditional transnational crime with the network together and highlights therole of the network.With the rapid development of the technology of informationnetwork, transnational cybercrime appears more and more frequently and shows agrowing trend.Transnational cybercrime is a kind of special crime with high-tech features.Criminals just can rely on the computer systems of network to commit thecross-regional crime, the judicial power of a country itself can not effectivelycontrol crime, and the legal liability of criminals is difficult to be investigated. Asone of the effective ways to combat transnational cybercrime, internationalcooperation in criminal justice is playing an increasingly important role, and isgradually concerned by the international community in deep.However, transnational cybercrime has characteristics of networking andtransnational, most of them involve many countries and regions. Existinginternational cooperation in criminal justice has begun to emerge some drawbacksin responding to this new type of crime. For example, investigation and evidencecollection and conflicts of criminal jurisdiction have become insurmountablelegal obstacles for every countrys’ udiciary. It leads that many transnationalcybercrimes escape legal sanction by this way. So the existing justice cooperationof international criminal is facing great challenges.The first chapter is divided into three parts, the first part introduces theconcept of cyber crime through which leads to the concept of transnationalcybercrime; The second part analyzes the constituent elements of transnationalcybercrime, which give readers further details of transnational cybercrime;Thethird part is also divided into two parts, the first part introduces the currentdevelopment status of transnational cybercrime. The second part analyzes thereasons of the current situation.The second chapter introduces the challenges that transnational cybercrimebrings to international cooperation in criminal justice. The challenges mainly include the following three aspects: conflicts of criminal jurisdiction, the impacton the investigation and evidence collection, the disputes relating to theextradition of transnational cybercrime.The third chapter presents a number of recommendations to improveinternational cooperation in criminal justice. It is totally divided into six areas:Proposal to establish the principles of criminal jurisdiction in cyberspace, relatedrecommendations for improvement of electronic evidence, improve relevant legalsystem of extradition, establishment of a unified international conventions,establish Anti-Transnational Cybercrime Commission to ensure the smoothimplementation of the International Convention.Multi-level internationalcooperation in criminal justice.
Keywords/Search Tags:Transnational Cybercrime, International cooperation incriminal justice, The status, The proposal
PDF Full Text Request
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