The Research On Jurisdiction Of Cybercrime

Cybercrime is gradually serious and hyperactive all over the world.With the characteristics of transboundary,intelligence and concealment,it increases the difficulty in governance.Cybercrime,especially with its distinctive characteristics of no boundary and no region,can cross all borders and spread to the every corner of the world.Therefore,different from the traditional crime,the control of cybercrime is very prone to touch on the problem of the mutual criminal jurisdiction among many countries.On the basis of going through a large amount of related literature including cybercrime criminal jurisdiction cases and legislation both at home and abroad,the thesis deepens the research on the problem of cybercrime criminal jurisdiction by applying many research methods consisting of conceptual analysis,value analysis,comparative study,case analysis,literature analysis and logical reasoning.This paper is divided into four parts:The first part is an overview of cybercrime and criminal jurisdiction.The definition of cybercrime is given through the elaboration of the meaning,characteristics and different types of cybercrime.This paper expounds the theoretical connotation of criminal jurisdiction and lays a foundation for the study of criminal jurisdiction of network crime.The second part is the dilemma analysis and theoretical response of criminal jurisdiction of cybercrime.This part clarifies that the traditional criminal jurisdiction theory is not enough to solve the criminal jurisdiction of cybercrime and is in a difficult position through specifically expounding and analyzing the applicable principles of criminal jurisdiction in the application of cybercrime,Although the theoretical circles have proposed some measures in a targeted manner and formed different views,they all cannot solve the dilemma because of some shortcomings.The third part is the legislative investigation of criminal jurisdiction of cybercrime.It analyzes and evaluates the current international conventions and the legislative examples of criminal jurisdiction of cybercrime in the United States,Britain,Germany and Singapore,and grasps the current situation of representative foreign legislation.At the same time,it also analyzes the current situation of China's legislation.The fourth part is the improvement of criminal jurisdiction of cybercrime.Based on the existing criminal predicament of cybercrime,the solution is divided into two aspects to explain.On the one hand,it discusses the scope of criminal jurisdiction of cybercrime,and clarifies the three factors of instruction transmission,website and access behavior according to the particularity of cybercrime,on this basis,it puts forward the special principle of determining the criminal jurisdiction of cybercrime-the principle of territory in relation to actual damage offense,in order to overcome the shortcomings and defects of the traditional criminal jurisdiction principle in the application of cybercrime;As for the solution to the conflict of jurisdiction arising between the countries under their jurisdiction,it analyzes the basic principles to be followed in conflict resolution,and on this basis,it proposes solutions to the problem and believes that international cooperation should be strengthened through international conventions,bilateral or multilateral judicial agreements.Criminal justice assistance should be strengthened to resolve conflicts of criminal jurisdiction and achieve good cybercrime governance effects.