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Cybercrime criminal jurisdiction

Author: LiuZe
Tutor: LiFangXiao
School: China University of Political Science
Course: Criminal Law
Keywords: Cybercrime Criminal jurisdiction Conflicts of jurisdiction
CLC: D997.9
Type: Master's thesis
Year: 2009
Downloads: 231
Quote: 2
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Abstract


This paper will be divided into five chapters discuss the traditional theory of criminal jurisdiction can be applied to cyber crime, and how to resolve the resulting conflicts of jurisdiction . The first chapter introduces the theory of cyber crime and criminal jurisdiction . The main contents include the concepts and classifications of cybercrime , the definition of criminal jurisdiction , as well as the traditional criminal jurisdiction of the four basic principles of content and its theoretical basis . The second chapter introduces the traditional principle of criminal jurisdiction applies to the status of the cyber crime and related cases on the defects of the traditional criminal jurisdiction in a network environment . These deficiencies mainly to the difficulties for the principle of territorial jurisdiction of the crime , and the blind expansion of the crime was committed \the rigid restrictions of the dual criminality principle makes it difficult to play a role ; principle of universal jurisdiction in the use of the lack of support of the relevant treaty . The third chapter introduces the domestic and international legislation on cyber crime criminal jurisdiction practical and theoretical exploration. Through the legislative practice of the relevant countries and regions , countries still adhere to the traditional jurisdictional principles as applicable to cybercrime , but the traditional criminal jurisdiction over the rules appropriate for the new features of cybercrime perfect . \In the theoretical exploration of the criminal jurisdiction of the cyber crime , various theories have a certain degree of rationality , but there are also some shortcomings , this article will be a brief review . The fourth chapter introduces and analyzes the above content , this paper considers cyberspace and reality of physical space, there is close contact with the jurisdiction to regulate real space the same rules apply to cyberspace . As for how to apply , the position of this paper is the combination of characteristics of cyber crime appropriate to maintain and extended the traditional criminal jurisdiction rules . Chapter V will focus on addressing cybercrime jurisdiction conflicts should adhere to basic principles and specific measures .

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