Research On Criminal Jurisdiction Of Cybercrime

The network technology is important to people’s daily life,it builds a bridge for economic,political and cultural exchanges between countries.However,while network technology provides convenience for human beings,it also brings the problem of cyber crime.The virtual nature of cybercrime,which is not limited to time and space,leads to difficulty to make up for the damage it brings,which seriously threatens personal life and property,national security and social public security,so the governance of cybercrime is particularly important.however,because cyber crime is different from traditional crime,it brings some challenges to the traditional judicial system,especially for traditional rules of criminal jurisdiction.The jurisdiction of cyber crime is facing a dilemma,which aggravates the conflict of jurisdiction.In this regard,scholars at home and abroad have offered suggestions and put forward new jurisdiction theories,such as network new sovereignty theory,international space theory,minimum connection theory and so on.Countries also actively deal with the problem of criminal jurisdiction brought about by cybercrime through legislation.Based on the existing domestic regulations,China also has the problem of jurisdiction over cyber crimes.Specifically,there are some problems in our country,such as unclear provisions on the place of crime,over-interpretation of some places of cyber crime,failure to participate in the formulation of international conventions,lack of detailed provisions on judicial assistance,and so on.It is difficult to formulate conventions externally,so in internal and external problems,Through the analysis of the new theory and the practical response of the international community,there are the following suggestions: China should adhere to the starting point of national sovereignty,take territorial jurisdiction as the basis,explain the place of cybercrime in combination with the theory of jurisdiction of actual harm,and avoid expanding the interpretation of the place of crime.We should actively participate in the governance of cybercrime in the international community,and promote the formulation of an international convention on cybercrime under the framework of the United Nations,and take the lead in formulating a "model code" for cybercrime.Actively formulate bilateral or multilateral agreements to alleviate jurisdictional conflicts in which the Convention cannot be established in a short period of time,establish consultation mechanisms,strengthen judicial assistance,such as drawing lessons from the CLOUD Act of the United States to open data to promote investigation and evidence collection.