A Study On Criminal Jurisdiction Of Transnational Cybercrime

With the development of cyberspace,criminal cases extend from the real society to cyberspace.Transnational cybercrime has become a hot topic worldwide.As a brand new field,it is natural to face some difficulties in the governance process,especially the jurisdiction conflicts in the governance of transnational cybercrimes,which is the focus of various countries and academic circles.It is urgent to provide a clear plan to solve the problem,so as to create a harmonious,stable and orderly cyberspace environment.This thesis focuses on the criminal jurisdiction of transnational cybercrimes.Chapter 1 firstly defines the concept of transnational cybercrime and criminal jurisdiction,aiming at giving a simple introduction of transnational cybercrime.Chapter 2 lists and comments to the established laws about cybercrime of typical countries,as well as the existing representative international treaties,aiming to show that the current rules cannot solve the jurisdictional conflicts in transnational cybercrimes.Chapter 3 summarizes the current difficulties of transnational cybercrime jurisdiction:the conflict of cyber-sovereignty theories,the challenge to traditional jurisdiction principles,the ambiguity and inconsistency of jurisdiction rules,and the division of international camps.Chapter 4 puts forward solutions to above difficulties:clarifying the concept of sovereignty in cyberspace,clarifying the rules of jurisdiction,strengthening international cooperation and constructing"Community of Shared Future in Cyberspace".Transnational cybercrime has its distinct characteristics,so the governance model can not be completely copied by the traditional ones,but should be innovative.This thesis analyzes the concept and characteristic of transnational cyber crimes,the difficulties,the existing rules and the solutions.In order to give a more scientific and effective governance mode.