On The Problems Of International Criminal Judicial Cooperation In Transnational Cybercrime

As a new type of crime,transnational cybercrime has many different characteristics from traditional crimes.Its greatest particularity is that it is closely linked with cyber-technology,which is very difficult to detect and often beyond the boundraries of time and space.Taking into account the influence of transnational factors,no country can solve the problem singly.If a country wants to crack down on this crime alone,it has too many obstacles.Therefore,international juridical cooperation in criminal matters is very effective to change the present situation.To a certain extent,it can be said that international juridical cooperation in criminal matters has played a fundamental role in cracking down on transnational cybercrime.However,international juridical cooperation in criminal matters still has many flaws in the fight against transnational cybercrime,such as the conflict of extradition and criminal jurisdictions,which are the unavoidable difficulties in the world.This paper mainly studies some issues caused by international juridical cooperation in criminal matters in the fight against transnational cybercrime and puts forward some suggestions on these issues.This article is divided into five parts.The first part mainly defines the concept of transnational cybercrime and international juridical cooperation in criminal matters.The second part introduces the form of international criminal justice cooperation applied in transnational cybercrime,mainly describes the related systems of extradition and criminal procedure transfer,and lays a foundation for the latter part to analyze its function and insufficiency.The third part analyzes the problems of international criminal judicial cooperation in transnational cybercrime,such as the existence of extradition dispute,including the controversial extradition conditions,the principle of double criminality,the drawbacks of public order and hinders extradition;in the relevant issue in criminal jurisdiction,proposed the criminal jurisdiction dispute,the academic theory is not unified.And it analyzes the specific problems of the international cooperation in criminal justice that exists in transnational cybercrime,such as the extradition conflicts in various countries,doublecriminality drawbacks,public order impedes extradition.In the question of criminal jurisdiction,it puts forward that all countries have controversy over the criminal jurisdiction of cybercrime,and the theory of academic circles is not uniform.The fourth part and the fifth part corresponds suggestions on these issues of international cooperation in criminal justice and gives some enlightenments to our country.We should sign more international treaties on extradition,including multilateral and bilateral treaties,make the establishment of a consultative mechanism on cybercrime jurisdiction.In the aspect of legislation,we need to improve cyber security legislative regulation in order to better combat transnational cybercrime.