论网络犯罪刑事管辖权的冲突与解决-法律专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II ABSTRACT With the rapid development of Internet, the Internet to bring the convenience and also produced a variety of new problems. One problem is that the conflicts of criminal jurisdiction of the cyber crime. The first chapter is the theory of the criminal jurisdiction of cybercrime.The second chapter has introduced the legislation of the main country practice activity.The third chapter is the legislation of the CHINA.The fourth chapter of the thesis is most important. Firstly，need to establish the network crime field’s setting mind on a standard. Secondly, to talk about network criminal act field and result field ascertaining. Finally, the article analyzes the issue of criminal jurisdiction of cyber crime in China.The fifth chapter is about the discussion on the solution to the conflict between criminal jurisdictions of network crime. In order to solve the conflict of criminal jurisdiction of the network crime effectively, on one hand we should strengthen international legislative cooperation，make out the convention which regulates the crime against the international network. The other hand, efforts should be given to strengthen the control on the assistance of international criminal jurisdiction of network crime. In the end of this article，we conclude that the limited jurisdiction protection can be adopted to coordinate network crime criminal jurisdiction conflict. Key words：Cyber-crime Criminal jurisdiction Crime field PAGE IV PAGE IV 目 录 摘 要 ···················································································································I Abstract················································································································II 引 言 1 一、网络犯罪刑事管辖权概说 （一）网络犯罪的概念和特征·········································································2 （二）网络犯罪刑事管辖权的理论和原则 ····················································5 二、国外网络犯罪刑事管辖权的立法与启示 （一）立法状况·····················