Conflict Of Criminal Jurisdiction In Network Crime And Its Resolution

With the advent of the information age,Internet technology has been applied to all aspects of people’s lives,online shopping,mobile phone,fast payment,smart home without exception reflect the universality and convenience of Internet technology.However,while Internet technology can bring convenience to people’s life,it also leads to many acts of using the Internet to commit crimes.Cybercrime has also become a hot issue into people’s field of vision,and how to restrict cybercrime has also become a hot issue in recent years.The first thing to consider in order to curb cybercrime is the jurisdiction of cybercrime.Regarding the jurisdiction of cybercrime,although China has provided for it in many laws,due to the complexity and concealment of cybercrime,the existing legal provisions can no longer effectively deal with the jurisdictional problems of Internet crime,and the listing of the place of crime in the lower law further aggravates the conflict of jurisdiction of cybercrime.How to resolve cybercrime jurisdictional conflicts and construct a new and effective cybercrime jurisdictional model is an urgent issue to be explored.Focusing on the theme of cybercrime jurisdictional conflicts in China and their resolution,this paper comprehensively uses case analysis and literature research to explore the various causes of the current cybercrime jurisdictional conflicts in China,discusses the shortcomings and problems of the current system,and puts forward relevant ideas for resolving cybercrime jurisdictional conflicts in China.The article is divided into four parts:Chapter Ⅰ,Basic Theories of Cybercrime Jurisdiction.This chapter reviews the basic theories of jurisdictional conflicts in cybercrime,first of all,the concept and types of criminal procedure jurisdiction are summarized.Secondly,this paper analyzes the concept and classification of cybercrime jurisdictional conflicts in China.Furthermore,the existing basic theories of criminal jurisdiction of cybercrime are sorted out and analyzed,which lays a theoretical foundation for the subsequent discussion of jurisdictional conflicts.Chapter Ⅱ,Investigation of the Current Situation of Cybercrime Jurisdiction in China.The first section of this chapter focuses on the current legislative status and characteristics of cybercrime conflicts;Secondly,the second part mainly clarifies the present state of cybercrime jurisdiction implementation conflicts in China through the analysis of typical cases.Chapter Ⅲ,Analysis of the Causes of Jurisdictional Conflicts in China’s Cybercrime.Based on the combing of China’s cybercrime jurisdiction provisions in the previous chapter,and combined with the practice of China’s cybercrime criminal jurisdiction,the reasons for the existence of cybercrime jurisdictional conflicts in China are summarized,including three levels:first,the reasons for the relevant cases themselves;Second,the jurisdiction system at the legislative level is not perfect;Third,the abuse of designated jurisdiction at the level of judicial practice,and the conflict between public prosecution law.Chapter Ⅳ:Countermeasures to resolve jurisdictional conflicts over cybercrime in our country.In view of the reasons for the jurisdictional conflicts of cybercrime mentioned above,this chapter proposes the main countermeasures to resolve jurisdictional conflicts of cybercrimes from three aspects:clarifying the principles of jurisdictional determination,improving the jurisdictional system for cybercrime,and constructing jurisdictional objection rules...