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Research On Criminal Jurisdiction Cybercrime

Posted on:2013-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:J T LiuFull Text:PDF
GTID:2266330392963192Subject:International law
Abstract/Summary:PDF Full Text Request
With its rapid development, Internet has become an indispensable part of our daily life, which is however followed by the increasingly high incidence of cyber crimes. Different from the traditional crimes, cyber crimes have overturned our understanding of crimes, and brought many new challenges to the legal practice, one of which, in particular, is how to establish the jurisdiction over transnational cyber crimes.This Article firstly defines cyber crimes, and further summarizes the difference between cyber crimes and the traditional crimes, analyzes the effects of these differences on the traditional concept of jurisdiction, and cast light on the conflict of jurisdictions. This Article also compares several different schools and theories of how to solve the conflict of jurisdiction of cyber crimes, combines with the legislative practice of multiple countries and China, as well as relevant issue of cyber crime jurisdiction in international law, and seeks to find a way to solve of problem of conflict of jurisdictions of cyber crimes. This Article finally concludes:that the basics in solving the problem of conflict of jurisdictions of cyber crimes are:firstly, to establish a relevantly uniform international legislative environment of cyber crimes, to promote the uniform of legislations on the conviction and punishment of cyber crimes among the nations; and secondly, to establish a network of international judicial assistance, assisting the countries to deal with all kinds of cyber crimes cases efficiently.
Keywords/Search Tags:Computer Crime, Cybercrime, Criminal jurisdiction, Conflicts ofjurisdiction
PDF Full Text Request
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