Research On The International Legal Norms In Combating Cybercrime

With the rapid development of information technology and the popularity of the Internet,the cybercrime problem caused by this has become more and more prominent,which has aroused widespread concern in the international community.Due to the special nature of cybercrime,such as globalization,risk,and difficulty in investigating and collecting evidence,the existing international legal norms against cybercrime are imperfect,and there is no global convention to regulate it.Moreover,the domestic laws of cybercrime in each country have limited extraterritorial effects.When combating cybercrime,these rules are obviously difficult to support.Then,the formation of a global cybercrime norm to effectively combat cybercrime has become an urgent problem for the international community.However,in view of the different positions of countries,how to form a global norm against cybercrime? Whether to amend existing international legal rules or to construct a new global international code against cybercrime,each country has a different view.Therefore,based on the systematic study of the the norms of international law against cybercrime.this paper makes an in-depth study of the deficiencies of the current norms of international law on cybercrime,and discusses whether it is necessary to construct the norms of global international law and how to construct the norms of global international law against cybercrime.This paper first analyzes the definition,characteristics and main forms of cybercrime.Secondly,it introduces the status quo of the international law against cybercrime,and analyzes it with the representative representative of Budapest Cybercrime Convention.It concludes that although Budapest Cybercrime Convention has certain advantages,there is lack of representativeness,entity provisions are formulated cannot meet the demand of era,the jurisdiction of regulation and international cooperation mechanism remains to be further refined,etc.Although some new treaties have emerged after the Budapest Cybercrime Convention and they are somewhat advanced compared to the Budapest Cybercrime Convention,they are all regional treaties and some have not yet entered into force.Therefore,it is difficult to provide effective legal guidance for global cybercrime.In addition,aiming at the issue of combating the status quo of international law on cybercrime,it explores the necessity and feasibility of constructing a global norm against cybercrime.This paper believes that the global norms of international law against cybercrime should be constructed.At the same time,combined with the above research results,propose a path for the construction of a global law against international cybercrime: to play the role of the United Nations in promoting the construction of a major platform for the prevention of cybercrime international law,make full use of existing international law norms,and attach importance to non-international organizations.Based on the existing international law norms,such as Budapest Cybercrime Convention,and based on the shortcomings of the current international law guidelines,the framework proposals for constructing a new convention are proposed,including the preamble,the substantive law of criminal law,the criminal procedure law,and the international cooperation mechanism.