The Research On Criminal Jurisdiction Of Cyber Crime

The development, application and popularization of the Internet vigorously promote the modernization of human society, and greatly promote the development and progress of the society. But the Internet is a double-edged sword, which has two sides like any other science and technology. While greatly bringing benefit to the society, it brings negative influence to the society. Network crime would be a real threat to social stability, economic development and national security. Because the characteristics of network space such as global and virtual feature are different from that of the real world. Network space breaks through the boundaries of national sovereignty and territory, so how to exercise the criminal jurisdiction over network crime become a major problem to China’s judicial and legislative branches.Criminal jurisdiction means a country has the jurisdiction over all the crimes within its national sovereignty, which generally means the jurisdiction in the entity law. Every country in the world has always attached great importance to the issue concerning the sovereignty, and criminal jurisdiction is related to a country’s sovereignty. Therefore all the countries have regulated the criminal jurisdiction by their laws. Most countries do not adopt the principle of single jurisdiction, taking the combination of various jurisdictions to determine their criminal jurisdiction. China also uses the combination of various jurisdictions. China’s Criminal Law adheres to the principle of criminal jurisdiction that engages primarily in the principle of territoriality, supplemented by the principle of personals, principle of protection and universal principle. However, along with the emergence of network crimes different from the crimes in the past, the theoretical basis of traditional criminal jurisdiction has received an unprecedented impact. The traditional criminal jurisdiction of courts sees geographic boundaries as the basis of jurisdiction. In the traditional geographical space environment, the country has the specific jurisdictional area of the cases. While in the network space, boundaries between countries become blurred, leading to the confusion surrounding the jurisdiction over network crime. As time goes on, network technology becomes more mature, network crimes become increasingly frequent. If it is unable to establish the criminal jurisdiction over network crime, then the spread of network crime is inevitable, resulting in huge losses to the countries. How to determine the criminal jurisdiction of network crime, it will be of important significance to the practice or theories, this is the problem that the paper tries to solve.This paper takes the methods of inductive analysis, qualitative analysis and comprehensive comparison, mainly starts out from the definition of network crime. According to the different opinions and the basic stipulations of the existing laws and regulations about network crime, this paper elaborates the basic conception and classification of network crime. And it introduces the basic theories of traditional criminal jurisdiction. According to the global, virtual and non-centralized feature of network crime, it also explains the impact to traditional criminal jurisdiction by network crime. Then analyzing the legislation on the criminal jurisdiction in network crime and its state of the theory, this paper puts forward the suggestions to perfect the criminal jurisdiction of network crime based on China’s judicial practices. Perfecting the criminal jurisdiction of network crime is based on establishing the principle of the criminal jurisdiction of network crime. The principle plays an important role in the guideline. In practical terms, it should establish the principles of respecting national sovereignty with distinction, facilitating litigation in favor of fighting crime, fairness and international coordination. At the same time, considering the factors affecting the determination of criminal jurisdiction of network crime such as legal interest infringement, possibility of jurisdiction, fairness of jurisdiction, this paper puts forward the countermeasures to determine the criminal jurisdiction of network crime. And it should regard the above principles of criminal jurisdiction of network crime as the premise for establishing relevant system. On the basis of fully protecting the legitimate interests of the parties and the equal status for different legal regions in criminal jurisdiction, this paper proposes to establish the principle of mainly territorial jurisdiction, supplemented by facilitation litigation and criminality’s relevance to the violation and influence on the country or its citizens.