网络犯罪刑事管辖权研究.docx

Abstract The brith and the prospering of network, is a process of every single technial advance made historic achievements.In this process, the network brought many new contents and various forms to the behavior, thinking and even the social structure,which played a great part in the social development,But the network has also brought the negative effect.The network crime is this kind of negative effect product,It took one kind of new crime phenomenon has had the impact to the criminal law,In which especially is obvious to the criminal jurisdiction impact.The network crime particularity has been brought about by the criminal jurisdiction confirmation pounding gravely,The tradition convict administers theory already being able to not adapt to the need taking precautions against and striking network crimes ,can not have an effect to resolve network crime criminal jurisdiction confirmation and the problem resolving conflict.At the same time, relating to the network crime criminal jurisdiction in every country also existence the grave defect ,the conflict always all not forming the effective network crime criminal jurisdiction harmonize mechanism,Have been difficult to prevent from composing in reply ntworkcrime cracking down on striding over boundary effectively therefore , have brought about the consequence having indulged network crime , having hindered network health from developing.The article set off from the network crime summary,Theory and pertinent legislation practice the summary is summed up about current main network crime criminal jurisdiction theory,pick out that traditional theory is enough to solveCriminal jurisdiction of network crime problem,Butbecause of the cyberspace nothing regionality , the network crime committing the crime field is difficult to ascertain, Moreover easy to lead to many jurisdiction conflict.Therefore still being necessary to network crime, the criminal jurisdiction composing out being accurate summarization more and develops. Th