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Determination Of Criminal Jurisdiction In Cybercrime And Its Implementation

Posted on:2019-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LiFull Text:PDF
GTID:2416330542499984Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the number and size of netizens in our country are in a trend of rapid growth.The digital technology with network as a tool is being integrated with all aspects of economy and society.At the same time,the online transaction,online travel,online payment,online government,Development has become a powerful booster for China's consumption pattern and social-economic transformation.This booster provides convenience as well as opening the "Pandora's Box," and criminals are complicit in bringing about the criminalization of traditional crime and the Internet.It has become our increasingly troubling issue.Along with the worsening of cross-border cybercrime,the traditional theory of criminal jurisdiction has suffered a tremendous impact.Whether it can be fully applied in all cybercrime,how to determine the crime of transnational cross-border cybercrime,criminal jurisdiction over the current cybercrime Determining the pros and cons of the theory,judging and determining the behavior and result in the crime land,whether the purely visiting behavior,the website and the server location can cause the criminal jurisdiction of the criminal jurisdiction and the criminal jurisdiction of the transnational and trans-regional cybercrime How to set up a solution mechanism for conflicts are all the hot spots in the criminal jurisdiction of cybercrime at present.The first part of the paper mainly introduces the emergence,classification and the actual difficulties in the determination of cybercrime.The Realistic dilemma is the key point.In the second part of this article,I mainly talked about the domestic and foreign mainstream theories about its determination in cybercrime as well as its simple understanding and commentary on these theories.Although each theory has its own defects and shortcomings,each theory also solves the problem that the international community The crime of this new form of global crime provides ideas and programs;the author believes that with the continuous development of economy and society,the international community will surely form a set of effective criminal theories that determine the criminal jurisdiction of cybercrime.The third part of the article introduces the determinants and doctrines of crimes in traditional crime,focusing on the determinants,doctrines,and simple understandings of the mainstream theories of cybercrime.In the four mainstream theories of determining cybercrime,,I tend to infringe the results associated with that.The fourth part of the article mainly introduces the relevant international regulations on cybercrime and its related laws and regulations in some countries.It outlines the"International Internet Convention" and its shortcomings as well as its relevant determinations in cybercrime in the United States,Britain and Singapore Provisions.The fifth part of the article mainly introduces the principles in the process of exercising and makes suggestions on the conflicts in the process of determining the process.The article concludes with the conclusion and expectation of the article and looks forward to a bright future of network environment.
Keywords/Search Tags:cybercrime, criminal jurisdiction, crime place, settlement suggestion
PDF Full Text Request
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