China's Legislation on Criminal Jurisdiction over Cyber Crimes

With traditional theory of criminal jurisdiction it seems hard for us to ascertain the jurisdiction over cyber crimes.From many countries' laws and the Convention on Cyber crimes,one can readily find that people are trying their best to solve the problem.Unfortunately,China's relevant laws lag behind.Thus,to crack down network crimes,we should ascertain respectively the jurisdiction over international crimes and the jurisdiction over domestic crimes in accordance with the principles of possibility,justice,convenience and international coordination.As for the domestic crimes,by employing the theory concerning the territorial jurisdiction in the existing criminal law and by reference of the rules of jurisdiction over cyber cases in civil law,the jurisdiction should be determined in accordance with the IP location of the cyber crime.As for international jurisdiction,the principle based on territorial jurisdiction and with limited liberal interpretation in consideration of the extent of injury of interests should be established.Further,by claiming the membership of or concluding multilateral or bilateral international conventions,conflicts concerning jurisdiction over cyber crimes may be prevented.