Research On Jurisdiction Of Transnational Cybercrime

The globalization of the Internet has made transnational cybercrime a global front-burner issue,and the confilct of jurisdiction is one of the most important issue to be solved.Since the characteristics of transnational cybercrime are different from traditional criminal crime,it is totally inadequate to rely solely on traditional jurisdictional theory to deal with jurisdictional conflicts.Establishing international conventions and strengthening judicial cooperation are required to ascertain the jurisdiction over transnational cybercrime.This paper combines China's position in combating transnational cybercrime and the analysis of the jurisdictional dilemma in the background of the cooperation against transnational cybercrime at the international level,trying to propose solutions to the jurisdictional issues.The historical research method,case analysis method and comparative analysis method are used to expound the core issue of this paper comprehensively.In addition to the introduction,there are five chapters in this paper,which analyzed the basic concepts concerning the jurisdiction of transnational cybercrime,the impacts of transnational cybercrime on traditional criminal jurisdiction,the jurisdiction theory and legislation status of transnational cybercrime,the solution to the dilemma of transnational cybercrime jurisdiction and the China's position in the background of jurisdiction conflicts over transnational cybercrime respectively.The first chapter mainly analyzes concepts definition concerning transnational cybercrime and it's development tendency.Cybercrime is an evolving concept.Therefore,we must be forward-looking on the basis of maintaining legal stability in defining the concept of cybercrime.At this stage,the definition of cybercrime is controversial.Transnational cybercrime brings great challenges to traditional jurisdiction due to its transnational and non-regional characteristics.Jurisdictional conflicts are widespread and difficult to overcome in practice.Continued growth will be the trend of Transnational cybercrime.The second chapter mainly discusses the impacts of transnational cybercrime on traditional criminal jurisdiction.Traditional jurisdiction principles have limitations in dealing with transnational cybercrime.At this stage,transnational cybercrime brings great challenges to the traditional criminal jurisdiction principle.The third chapter mainly analyzes the jurisdiction theory and legislation status of transnational cybercrime.Through the analysis of jurisdiction theory,typical national legislation and regional agreement legislation,it is concluded that the jurisdictional problem of transnational cybercrime is still in a difficult position.The fourth chapter mainly analyzes the solution to the dilemma of transnational cybercrime jurisdiction.Combined with China's position to the jurisdiction of transnational cybercrime,the author tries to solve the problem of jurisdiction over transnational cybercrime from the following three aspects: 1.Ascertaining the negotiation principle of jurisdiction conflict over cross-border cybercrime.2.Increaseing international cooperation based on international judicial assistance.3.Formulating the convention against cybercrime under the UN framework.The fifth chapter mainly analyzes China's postion in the background of the jurisdiction conflict over transnational cybercrime.Due to the rapid development of network,transnational cybercrime has became a typical crime that can't be ignored.As a responsible country,China has also made its own efforts in combating transnational cybercrime.While formulating domestic legislation on cybercrime,China is also participating actively in international forums of punishing cross-border cybercrime.Cyberspace is a new space of interests,and the cybercrime is a problem that countries needed to solve together.China should seize the opportunity participating actively in the meetings that formulating the rules for punishing transnational cybercrime and trying to have a bigger say in cyberspace matters.