On the International Criminal Jurisdiction over Cyber Crimes

In the case of cyber crime,how to apply the criminal jurisdiction is still an urgent legal issue of international community.Cyber crimes can be divided into cyber infringement and cyber crime by using tools.Virtuality and being region-free of the cyber crimes inevitably shake the traditional criminal jurisdiction foundation.The criminal jurisdiction of cyber crimes shall be exercised by the state.It should be based on the attribution of crime behavior in real space rather than the network space.International criminal jurisdiction over the cyber crimes should be based on the traditional theory of criminal jurisdiction,and the criminal location should be restricted with the principle Infringement relevance.In resolving the conflict of international criminal jurisdiction over the cyber crimes,we should take the principle of actual control and priority acceptance,and states should sign multilateral international conventions and bilateral treaties of mutual judicial assistance.