Research On The Jurisdiction Of Cyber Terrorist Crime

Cyber terrorist crime is a new type of terrorist crime.At present,the theoretical research on the theory of cyber terrorism is still at an initial stage.The concept has not yet been clearly defined.Many countries have already added relevant content of cyber terrorist crime in their domestic laws,but most of them still follow the traditional principle of criminal jurisdiction.Due to the transnational nature of the network,traditional jurisdictional principles conflict a lot.The international community has not yet formulated specific conventions to clarify jurisdiction,lacking an effective mechanism for conflict resolution of jurisdiction,it is difficult to prevent and crack down on cyber terrorist crime in a timely manner.In order to explore solutions to conflicts of jurisdiction and effective jurisdiction principles,this article will start with the concept of cyber terrorist crime,with comparative analysis and empirical research methods,evaluates the existing jurisdiction theory and supplements it with specific cases in judicial practice.This paper is divided into five parts:The first part: the concept of cyber terrorist crime.Cyber terrorist crime is born out of traditional terrorism.There are many similarities between them.However,cyber terrorist crime shows inherent characteristics of the network and it can be differentiated accordingly.Defining the concept of cyber terrorist crime can promote the theoretical study of cyberterrorism,thus raising new perspectives on the jurisdictional issues of cyber terrorist crime,in order to adapt to the needs of combating cyberterrorism.The second part: the conflict between jurisdictions of cyber terrorist crime.The network characteristics of cyber terrorist crime have caused great impact on traditional jurisdiction theories.Territorial jurisdiction,personal jurisdiction,protective jurisdiction,and universal jurisdiction are all difficult to avoid causing conflicts of jurisdiction.This part analyzes the reasons for the emergence of jurisdictional conflicts,lists the new jurisdictional theories that have been proposed by the theoretical circles of various countries,analyzes the strengths and weaknesses of each,provides references for the settlement of jurisdictional conflicts.The third part: the practice of jurisdiction of cyber terrorist crime.Based on the abovementioned jurisdictional theory,this section analyzes the treaties formulated by international organizations such as the United Nations,the European Council,and the Shanghai Cooperation Organization,and sorts out the domestic laws of countries such as the United States and the United Kingdom.Then,taking the case of Aidet and Irhabi 007 as examples,he tried to clarify the principle of jurisdiction over cyber terrorist crimes from the legislative and judicial practice in various countries.The fourth part: the principles of jurisdiction of cyber terrorist crime.This section draws lessons from the jurisdictional theory of various countries,and summarizes the experiences of jurisdictional practice.It puts forward that the principle of priority jurisdiction,the principle of the closest connection,and the principle of non-reconciliation can more effectively solve the problem of cybercrime criminal jurisdiction conflicts.In order to avoid the emergence of conflict of jurisdiction,the principle of clear jurisdiction is of utmost importance.In practice,the principle of actual control and the principle of actual harm and harmonization are more in line with the laws governing the implementation of cyber terrorist crime by the international community.The fifth part: the position and practice of China on the issue of cyber terrorist crime.This part briefly introduces the cyberterrorism attack that China is currently experiencing,analyzes how China's domestic legislation stipulates cyber terrorist crimes,discerns present situation on combating cyberterrorism and practical experience to propose countermeasures to improve jurisdiction.