网络犯罪管辖权问题研究

Study On the Jurisdiction of Cyber Crimes

在现行刑事案件管辖制度的基础上,网络犯罪管辖权应进一步细化联结点并确立优先次序。不同类型的网络犯罪在管辖权设定上的关注点应有所不同。网络犯罪案件的管辖应当遵循实体法与程序法相一致、案件的全面覆盖与均衡分布、便利性等价值追求。以实施网络犯罪行为的计算机终端所在地为行为地,以受害人发现权利被侵害的计算机终端所在地为犯罪结果发生地,并辅之以被告人住所地,确立一个分层次的网络犯罪司法管辖体系。

In order to decide the jurisdiction of cyber crimes, a new system has been provided, in which the existing junction points of criminal jurisdiction are subdivided and a new order is established to determine which junction point is preferential. Cyber crimes can be divided into two types, one of which refers to the crimes implemented by internet cyber method while making damage to the traditional objects, and the other refers to the crimes making damage to the peculiar objects only existing in the virtual environment of internet. Different junction points should be concerned in deciding the jurisdiction of different types of cyber crimes. The jurisdic- tion of cyber crimes should bring itself into correspondence with these Value Principles ： the consistency of sub- stantive laws and procedural laws, the universal coverage and even distribution of cyber crimes and the conven- ience principle. A new system of eyber crimes jurisdiction can be established by defining the place of the computer terminals, which are used as crime method, as the place of crime implement;defining the place of the computer terminals, where the victim find his fights has been violated, as the place of crime consequence;and determining the domicile of defendant as a supplementary.