The Jurisdictional Dilemma and Path Selection of Foreign-Related Cybercrime
With the iterative update and vigorous development of Internet technology,cybercrime with characteristics of crossing regions,virtuality and concealment has become increasingly rampant,shaking the foundation of connection point of the traditional foreign-related criminal jurisdiction.Regarding the dispute over jurisdiction of foreign-related cybercrime,some scholars have put forward viewpoints such as the IP address jurisdiction theory,network autonomy theory,and limited jurisdiction theory,which have been adopted by The Budapest Convention,The United Nations Convention on Cybercrime and domestic legislation of some countries.At present,the international community has not reached a consensus on the jurisdiction of foreign-related cybercrime,and the problem of positive and negative conflicts of jurisdiction needs to be solved urgently.This paper suggests that on the basis of adhering to the integrated construction of foreign jurisdiction and domestic jurisdiction,China should pay attention to the coordinated resolution of positive and negative conflicts.At the same time,we should promote the international community to reach a consensus on the jurisdiction of cybercrime as soon as possible so as to form a jurisdictional order rule that puts the place with the most serious infringement of legal interests first,the place with the most favorable conditions for investigation and prosecution second,and universal jurisdiction and protective jurisdiction as the bottom line.
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维普
