Cross-border cybercrime is a form of crime where the elements of the internet structure cross national or territorial borders,resulting in the carriers of the criminal elements such as the subject,action,object,and result being located in different spatial fields.This presents complex real-world situations for determining criminal jurisdiction,leading to conflicts in jurisdiction and difficulties in coordinating rules for jurisdictional conflicts among multiple countries or regions.The main reasons for this are the rigid understanding of the principle of protective jurisdiction,the lack of applicability of criminal jurisdiction legislative norms,and the imperfection of judicial cooperation mechanisms.To address this,China should reinterpret and practice the'principle of dual punishability',encouraging'offensive jurisdiction'while focusing on human rights protection,and actively apply the'act-result connection principle"to determine criminal jurisdiction to prevent a judicially passive situation under conservative legislation or an overexpansion of legislative power for the purpose of declaring judicial sovereignty.In light of this,our country should quickly conclude international treaties,multilateral agreements,and judicial assistance provisions with countries and regions where conflicts in criminal jurisdiction are more prominent,with the core aim of punishing cross-border cybercrime.These should be synchronized with domestic law,to serve the construction of a cyberspace community with a shared future and the realization of cybersecurity governance goals in China's'Fourteenth Five-Year Plan'.
关键词
刑事管辖权/跨境网络犯罪/跨境电信网络诈骗犯罪/双方可罚原则/网络空间命运共同体
Key words
criminal jurisdiction/cross-border crimes in cyberspace/cross-border telecommunications network fraud crime/principle of mutual punishability/community of destiny in cyberspace
维普
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