On Criminal Jurisdiction Of The Network Crime

Network crime is a brand-new kind of crime, which the suspect operates the victim's computer or network without authorization by using the security flaw. Compared with the traditional crime, It has many different forms, characteristics and types, and also it produces more and more serious damage to the economy and daily life.The traditional principles of criminal jurisdiction includes the principle of territoriality, personality principle, protection principles and the principles of universal jurisdiction. In terms of the traditional criminal offenses, due to space constraints, to identify the crime act place and the crime result place is generally not difficult. The perpetrator's nationality, residence and crime act and result place, having physical space relation to a jurisdiction, become the basis of traditional jurisdiction. To network crime, since it has a virtual and borderless nature, if these specific factors are applicable to cyberspace, as the uncertainty of the Internet space, that kind of physical space relation would disappear immediately, then the jurisdiction of the traditional principles can not be used to clarify the scope of its jurisdiction. Therefore, the space characteristics of network shocks the traditional criminal jurisdiction rules, even the basic rules. So how to determine the jurisdiction of network crime, in order to effectively combat netwrok crime, clean network environment, has important significance to the theory and practice of criminal jurisdiction.So far, China has not yet devoted to the criminal jurisdiction of network crime legislation. But in foreign countries, due to an early start of computer network, the high penetration rate, Internet crime has attracted considerable attention. In order to solve the criminal jurisdiction problem, Many countries have done legislation try in a different degree, to establish new rules of criminal jurisdiction on network crime. At the same time, scholars have generated a lot of new theory of criminal jurisdiction on the network crime, such as New theory of sovereignty, Jurisdiction of the relativity theory, URL jurisdiction theory. These theories are relatively reasonable, but there are also serious flaws, which will be encountered in the judicial practice. Faced with an increasingly prominent dispute over the network crime jurisdiction, National legislation is lagging behind, which is extremely unfavorable in the fight against and prevention of network crime. So the establishment of a scientific theory of criminal jurisdiction in the sense of nternational law over network crime is essential. The establishment of criminal jurisdiction on network crime, must be based on the respect for equal status each nation's jurisdiction and protection of the legitimate rights and interests of the parties, as the principle of territorial jurisdiction be the main rule, the crime-act's relevance of infringement and impact to the country and its people be the additional rule. Based on the characteristics of cyber crime, to establish the criminal jurisdiction system, the principle of distinguishing domestic and international jurisdiction, the principle of facilitating litigation, the principle of just, and the principle of international coordination must be followed, while the law interest infringed by network crime, the possibility of jurisdiction, the just of jurisdiction be considered. In order to resolve international jurisdictional dispute, the main way is to formulate international law, to improve the domestic legislation and strengthen the international judicial assistance.