Conflict And Resolution Of Transnational Cybercrime Criminal Jurisdictio

Cybercrime is a new form of crime with the widespread use of the Internet.With the rapid spread of the Internet in the world,cybercrime has shown an obvious trend of transnational.The characteristics of transnational cybercrime such as trans-regional,concealment and scale make it impossible to obtain timely and effective sanctions for criminal acts.The cross-border flow of information and data is completely free from the territorial restrictions of sovereign countries,which poses a great threat to the people and national security of all countries in the world,and brings great difficulties to the determination of criminal jurisdiction.The criminal jurisdiction advocated by sovereign countries is bound to have contradictions and conflicts.Therefore,for network crimes,the issue of jurisdiction is particularly important.The determination of criminal jurisdiction is the necessary prerequisite for the regulation of transnational Internet crimes.In this paper,the use of a variety of research methods to explain the key issues,and the main structure of the article is divided into four chapters.The first chapter mainly analyzes the connotation and extension of the two concepts of transnational cybercrime and criminal jurisdiction.Because the way of referring to cybercrime is also different with the arrival of the information age,so when defining the concept of cybercrime,we should maintain a certain foresight on the basis of legal stability.The second chapter mainly analyzes the collision of the criminal jurisdiction of transnational cybercrime on the common criminal jurisdiction principles,as well as the manifestations and causes of the conflict of jurisdiction.Among them,active conflicts are particularly frequent.Transnational cyber gambling and fraud,transnational cyber hacking,and cyber-distributive crimes emerge in an endless stream,resulting in continuous and difficult to reconcile conflicts of jurisdiction,and the conflict is on the rise with the development of network technology.The third chapter,based on the current situation of international judicial practice,analyzes typical national legislation and regional agreements,and discusses the rationality and inadequacy of emerging theories,thus laying a foundation for the discussion of the solution ideas in the following text.The fourth chapter mainly discusses the ways to solve the conflict of criminal jurisdiction of transnational cybercrime.First,we should clarify the implementation of the principle of national sovereignty and the principle of no longer dealing with one thing in coordination conflict,ensure that consultations are conducted on the basis of equality,and avoid the waste of judicial resources.Secondly,determine the jurisdiction order of different jurisdiction levels and the same jurisdiction level,and promote agreement signings,strengthen international judicial assistance,and enhance the ability of international cooperation to combat transnational cybercrime.Finally,it puts forward the countermeasures to improve the conflict resolution in China.On the premise of constantly improving the domestic criminal legislation of cybercrime,China should clarify the principle of territorial jurisdiction based on the criterion of the link between real and harmful,actively participate in the rulemaking of transnational cybercrime under the leadership of the United Nations,improve the discourse power of cyberspace,promote the conclusion of bilateral and multilateral agreements,and provide Chinese wisdom and Chinese solutions for combating transnational cybercrime.