Jurisdictional Conflict Of Cyber Terrorism Crime And Its Solution

The crime of international terrorism has always been the key crime in the world,which has the characteristics of high destructiveness and anti-government,seriously affecting the national security and economic development.With the rapid development of network information,the Internet not only brings convenience to people’s life,but also brings new development opportunities to terrorists.Cyber terrorism is a combination of terrorism and digitalization,networking and information-based life style.The terrorist acts carried out through the network increase the transnational and covert nature of the acts,which makes the jurisdiction conflicts of cyber terrorism crimes in the world continue to exist.The establishment of jurisdiction refers to whether a country has the right to investigate,prosecute and try cyber terrorism crimes,how to avoid the jurisdiction conflict of cyber terrorism crimes,and how to make clear the ownership of jurisdiction,which is a new topic we need to study and solve at present.In addition to the introduction,this paper is divided into five parts.The first part of the paper introduces what is cyber terrorism crime,what are the forms of cyber terrorism crime,and the special forms of cyber terrorism crime challenge the jurisdiction of various countries.It aims to make readers have a clear and clear concept of cyber terrorism and realize the serious threat of cyber terrorism crime to international security and national development.The second part introduces the connotation,manifestation,cause and harmof jurisdiction conflict of cyber terrorism crime.By listing five kinds of common forms of jurisdiction conflict,the readers can have an intuitive understanding of the jurisdiction conflict.In the analysis of the causes of jurisdiction conflicts,the author thinks that the main causes of jurisdiction conflicts are the insecurity and concealment of the network itself,the conflict of the concept of state sovereignty,the shortcomings of the traditional jurisdiction theory and the new jurisdiction theory.The third part analyzes the current international legislation and state practice of jurisdiction of cyber terrorism crime.This paper not only analyzes the related international conventions of cyber crime such as "terrorism related" Convention,cyber crime Convention and Tallinn Handbook under the framework of the United Nations,but also combines the provisions of jurisdiction of cyber terrorism crime in the national legislation of the United States,the United Kingdom,Germany,Singapore and China,hoping to explore the ideas and referential measures to solve the conflict of jurisdiction of cyber terrorism crime.The fourth part summarizes the first three parts of the analysis,puts forward new thinking of reconciling the jurisdiction conflict of cyber terrorism crime,starting with the basic principles of jurisdiction,puts forward the solution to the jurisdiction conflict of cyber terrorism crime,that is,the territorial jurisdiction priority,"the principle of actual control" and "the principle of actual harm connection" as the supplementary jurisdiction.In order to better improvethe effectiveness of action against cyberterrorism crime,we need to build a conflict negotiation mechanism against cyberterrorism crime,such as making a convention on cyberterrorism,establishing a consultation system on criminal jurisdiction of cybercrime,improving the international extradition system and establishing a good international cooperation mechanism.The fifth part puts forward the problems and Countermeasures of the jurisdiction system of cyber terrorism crime in China.There are some problems in the jurisdiction system of cyber terrorism in China,such as the lack of jurisdiction provisions and the lack of operation rules of jurisdiction conflicts.From the international and domestic analysis,it is considered that the judicial cooperation system of cyber terrorism around China should be established at the international level,and the discourse power of anti-terrorism should be strengthened in the international community,and the judicial cooperation and information exchange between countries should be enhanced;the network should be improved at the domestic level The legal system of the jurisdiction of terrorist crimes,the active implementation of the alternative measures of extradition and the transfer of sentenced persons,the establishment of a special network anti-terrorism institution,the strengthening of the supervision of the network operation platform and the strengthening of anti-terrorism cooperation among countries,hope to enhance the strength of China’s fight against cyber terrorist crimes and safeguard China’s national security and national interests.