The Study on Criminal Jurisdiction of Cyber Crime

Transcription

1 The Study on Crmnal Jursdcton of Cyber Crme Faculty of Humantes and Socal Scences, Dalan Unversty of Technology, Chna, Abstract The cyber crme n the vrtual space has made huge mpact on tradtonal crmnal jursdcton, as the cyber gans ground further, cyber crme s rsng,whch s bound to create more conflcts of jursdcton, solvng ths problem has become a tght matter of the moment. Accordng to the jursdcton of cyber crme whch s dffcult to determne, ths artcle would analyze the concept and the characterstcs of cyber crme, study the framework model on the bass of expandng the tradtonal form of the jursdcton of the terrtoral jursdcton prncple, as the same tme, whch would analyze practce on the cyber crme jursdcton and crmnal legslaton n other countres, and put forward crmnal jursdcton system of cyber crme n Chna wth a vew to help the future preventon and combat cyber crmes. 1. Introducton Keywords: Cyber Crme, Crmnal Jursdcton, Prelmnary Desgn Computer nformaton technology and cyber technology s unceasng renewal, whch has greatly promoted the popularzaton of computer and the rapd development of the Internet. Also t shortens the space between person and person, and provdes convenence for people s lfe around the world. However, the popularty of the Internet has also brought many realstc problems; cyber crme s one of them. Because the cyberspace has ts own characterstc whch s dfferent from the tradtonal physcal space and t makes the cyber crme jursdcton exst many controverses, and becomes one bg dffcult problem whch has plagued the worldwde legslaton and admnstraton of justce. Along wth the cyber further popularzaton, cyber crme also would show ascendant trend, and certanly would cause more conflcts of jursdcton, solvng ths problem has become a pressng matter of the moment. Therefore, t s necessary to dscuss cyberspace jursdcton n crmnal cases. Cyber crme s not a specfc offence; t s a new form of crme. To defne the cyber needs to make clear all above the meanng of cyber crme [1]. The computer cyber s generally referred to the dstrbuton n dfferent locatons wth ndependent computer functons whch are connected to each other through the crcuts and devces and make use of the functon of a sound cyber system software, accordng to cyber protocol of communcaton, realzng the sharng of data resources n the system envronment, can also smply called cyber [2]. The crme of the cyber s the advanced stage of computer crme, whch s the product of the development of computer cyber. Therefore, the cybercrme has both the features of computer crmes, also has ts own characterstcs. For example, cybercrme wth computer crme s ntellgent and spread rapdly, besdes ts features are wde nvolvement, huge harm, strong concealment, dffcult nvestgaton, low rsk and hgh yeld etc., but at the same tme t also has space-tme vrtualzaton, the crme nternatonalzaton, dversfcaton, crme motve wth contnuty as ts characterstcs [3]. But these are some surface features, these features are derved from the cyber characterstcs. The people n the cyberspace, processes nteracton whch has been nvolved n the crme problems and the current legal conflct, ts fundamental reason s also derved from the cyberspace characterstc. So the author thnks, cybercrme s the essental feature of cyber open space as well as the nformaton and meda wthout body wns. The most fundamental characterstc s open. From a techncal pont of vew, the usage of dstrbuted cyber system, a new packet swtchng technology and TCP/IP protocol and hypertext markup language and other techncal means, whch make the cyber on each computer have no afflaton, each computer s merely one of the cyber nodes, they are equal. Even n the onlne computer transmsson of nformaton between the dstance, all computers through the cyber exchange nformaton and share resources [4]. Cyber elmnates the physcal lmts of tme and space, but also for the crmnal who has brought great convenence. The tradtonal crme s always subjected to condtons of tme and space constrants, whle the cyber elmnates such restrctons, whch can make the cybercrme crossng Advances n nformaton Scences and Servce Scences(AISS) Volume4, Number23, Dec 2012 do: /AISS.vol4.ssue

2 borders, perpetrator through the Internet can nstantaneous arrve anywhere n the world. On the other hand, bascally the present law s a tangble object as the object; the crmnal law s no excepton. The object of crme n Crmnal Law refers to drect role of specfc and concrete crmnalty [5]. Wth the change of tmes and the advance of scence and technology, the concept of crmnal object has been changed; "nformaton" has been ncorporated nto the object of crme. For nformaton, they tend to pass between the tangble meda, such as paper, CDs, vdeos, vdeo tape. Vrtual space nformaton s bascally not by the meda, but was completely dgtzed. Informaton wth nvsble, ntangble data, so t brngs a seres of problems, such as dgtal nformaton whch s easy to edt, modfy, and can not easly be detected, and solve the crme n the vrtual space, the current law s dffcult to apply nformaton about copyrght nfrngement crme, crme of busness secret nfrngement, volatons of personal prvacy crmes. Internet law and cybercrme cause a seres of problems whch are based largely on nformaton and meda wthout ntangble body. In face of the cybercrme crmnal jursdcton confuson and severe shock status, many countres solve the cyber case jursdcton by the way of legslaton [6]. Due to the case of exercsng jursdcton act, t has been consdered as a symbol of natonal soveregnty, so global cyber trggered a global crmnal jursdctonal dspute [7]. Brtan was early to recognze the cyberspace cybercrmnal behavor may be related to the judcal confrmaton of jursdcton, n 1990 computer crme law stpulates: f the case of vctms or crmnals n Brtan, the Brtsh courts would be covered by the act of crme crmnal jursdcton. The parlament of Malaysa passed the nformaton and multmeda act: not lmted by natonalty, anyone anywhere n the world, as long as the computer s connected wth Malaysa and mplemented a crme, whch s n the terrtory of Malaysa crme. The parlament of Sngapore modfy the mproper use of the computer law whch permtted n Sngapore wthn or outsde the computer crme related crmes Prosecutons: f someone outsde Sngapore anywhere contactng the covered by the act of crme, then the people would be lke n Sngapore and commt the offence sancton [8-11]. If the cyber crme cases have crossed the regons, so n practce follow the prncple, detectng cases frst, arrestng the suspect, and then normally beng transferred to examnaton and prosecuton. When the two sdes dspute for the jursdcton, the frst places whch make the case on fle have the rght to jursdcton. 2. Theory of crmnal jursdcton of cyber crme 2.1. New theory of soveregnty New theory of soveregnty s also called "the vrtual world of ndependence ", the theory s the representatve of Davd RJohnson and Davd G. Post from the Unted States. The theory sets out from the feature of the cyber wthout borders, whch proposes there s the formaton of a global cvl socety n cyberspace, whch has ts own organzaton, the standard of value and rule, be completely detached from the government and has the rght to autonomy. So the theory of deas, cyber n the specfc space, cyber users only obey hs cyber servce Internet servce provder rules, the cyber servce provder uses techncal means, agrees to the harmonzaton and unfcaton of the respectve rule. Members of the cyber through the cyber servce provder solve the conflct medated dentty, and the cyber servce provder enforces the award. At the same tme, ths theory n the cyber s transnatonal and ndependence, whch gnores the characterstcs of geographc spatal dependence n cyber space. The materal equpment s cyber spatal dependence, such as a host, cable whch s physcal exstence wth the partcular geographc locaton. The cyber and socal lfe are real close, t cannot be dvorced from the socety and ndependent exstence. In addton, t has confused two dfferent powers, ISP between the development of ndustry ethcal and techncal standards of power and soveregn state laws governng power, and whch also can confuse the ndustry techncal standards and natonal laws. Although the ndustry techncal standards n dscplne and standardzaton of cyber behavor plays an mportant role, even n the certan condton whch can also rse for the law, but they wll never be able to replace the law. The theory from the concept of state soveregnty, any state of the cyber space does not have jursdcton, so the practce n the absence of any countres adopt ths theory Jursdctonal relatvty Jursdcton of relatvty s also known as "fourth space" theory, whch s proposed by Darrel Menthe 482

3 at Stanford Unversty of the Unted States. As the representatve, the man content of ths theory s: Frst, cyberspace should be used as a new exsts on jursdcton, lke the hgh seas, the nternatonal seabed area and Antarctca should be establshed n ths feld whch s dfferent from the tradtonal rules of the new jursdcton prncple. From a long-term pont of vew, t s the basc way to solve the problem. Second, any countres can make jursdcton and the law s applcable to any people and any actvtes wthn the cyber space, the degree and manner of the person or the actvtes n the soveregn state can control the adaptaton s degree and mode of cyber space. Thrd, the dspute partes wthn the cyber space connect through a cyber n the relevant court appearance ", the decson of the court can also mplement through the cyber means. If the country can have the ad of ther legal provsons, the court can also apply ther own legal protecton to the ctzens on justfable grounds Webste admnstraton theory The theory s that the ste exsts n the cyber space, ts locaton n the cyber can be dentfed, t changes through the servce provder, whch needs certan procedures, and so n a certan perod of tme, t can also be determned. At the same tme, nformaton, web ste and the relaton of owners whch mantans the relatve stablty can be dentfed. Therefore, t could be consdered the URL crme crmnal jursdcton can determned by the foregn cyber. URL s vrtual addresses n the cyber space through conductng people s act, rather than the geographcal address of court jursdcton, so t needs to dentfy and address assocated geographcal address and provsons of the geographc address cases has a court of competent jursdcton, namely the cyber crme has jursdcton. Correspondng to the server locaton ths URL becomes the jursdcton bass. Frstly, based on the theory, only URL host country has the rght to jursdcton, whch causes other countres to lose jursdcton aganst the cyber crme, and nevtably results jursdctonal dsputes. Secondly, a natural person can only occur n a specfc locaton at the same tme, whle a web ste owner can vst many stes or be vsted by many people at the same tme, whch appears n dfferent areas. It means that n addton to the web ste server locaton the URL ncludes the physcal address and any cyber can be reached n the world. If negatve contact connecton s admtted, t means the cyber behavor person would be subject to the worldwde court and legal constrants. But the protocol n general do not have regonal restrctons for vstors, but users must actvely search to browse a web ste nformaton, f gnore these facts, whch s bound to create a more nternatonal conflct of jursdcton, and solve the hstorcal conflct. Therefore, as a jursdcton bass, the URL must have certan restrcton Lmted expanson of terrtoral jursdcton The theory mantans that the feld of crmnal law can be lmted to expand, ths restrcton s reflected n the followng respects: (1) the termnal devce, server Internet crme establshed n ther tradtonal terrtory, terrtoral waters and other four knds of space, such as onlne money launderers, electronc money termnal locaton and pornography onlne server termnal equpment n ts terrtory; (2) onlne crme by the nvasve system LAN or nvasve termnal equpment n ther tradtonal terrtory, terrtoral waters and other four knds of space, such as electronc spy, nternet nfrngement of commercal secrets of the system or termnal s located n ts terrtory; (3) behavor acquston onlne crme, show result nformaton to the termnal s located n ts terrtory, terrtoral waters and other four knds of space, such as onlne theft, onlne fraud crme result nformaton dsplay termnal s located n ts terrtory. Although t s a "damage or effects of relevance" standard hard, has certan ratonalty, but also put n nadequacy. Jursdcton applcable condtons are too specfc, n the emergence of new cyber crme jursdcton to mplement, easy occurrence lag phenomenon. And too specfc crtera lead to form a unfed standard; t s dffcult to fully apply Relyng on the tradtonal jursdcton The scholar proposes Internet do not form a real challenge to legal system, cyber space cannot exst f dvorced from realty space, nfrngement and tort of the Internet space only exst n the tort locatons of real space, the dfference on the amount, but the nfrngement and the results wll be made at a certan pont n the real space. It s located n a pont or a area wthn one country and by the country's judcal 483

4 jursdcton, or n one country outsde the jursdcton, such as outer space, so we can apply the flag, the natonalty n the law and other nternatonal laws as the connectng pont to exercse jursdcton, so the qualtatve change was brought because Internet s not on jursdcton system, " there s no reason to fear the law whch cannot cope wth the new event, the law wll keep up wth the development of cyber space." The author beleves that the theory should be affrmed. Tradtonal theory of jursdcton s a long-term practce and has formed a set of mature rgorous theoretcal system. From the natve or foregner crme to natonals of the country n ts terrtory, as well as nternatonal crme, although a domestc natve crmes but ams at the local or natonal mplementaton of the crme and because of the bad nature and whch s unversally recognzed by the nternatonal communty of several crmes, such as terrorsm, war crmes, prates crme, cvl arcraft hjackng crme, the jursdcton system consttute a three-dmensonal protecton, not only the soveregnty of the state, but also protecton of ther natonal or ctzen's legtmate nterests. So the cyber crme jursdcton can apply the soluton to the tradtonal jursdcton theory. But certanly the tradtonal jursdcton effect at the same tme, as some scholars thnk, unlmted characterstcs of cyber wll lead to the postve conflcts of jursdcton, and determne the attrbuton of jursdcton. So t s necessary to rely on the tradtonal jursdcton at the same tme, to strengthen the nternatonal crmnal legslaton and judcal cooperaton, further perfect the crmnal jursdcton system. 3. Legslatve practce of Crmnal jursdcton of cyber crme 3.1. England Cyber crme crmnal legslaton of Englsh crmnal law s "1990 computer abuse law", whch ncludes three knds of cyber crme, namely crme of unauthorzed access to computer resources, further mplementng or preparng other crmes for the purpose of unauthorzed access to computer resources crme, llegal modfcaton of computer resources crme. The second part fourth to the provsons of artcle nnth above three knd of crmnal jursdcton. " 1990 computer abuse law " the frst artcle and thrd artcle shows that unauthorzed access to computer resources and the crme of llegally modfy the computer resources, the crmnal law of England on the two knds of crme crmnal jursdcton are as follows: (1) on the convcton and the desred behavor or other evdence that occurred n Brtan; (2) the act or fact about mplementaton of defendants n Brtan; (3) at least one domestc jursdctons were assocated wth the presence. To gan unauthorzed access to computer resources crme, the defendant n the mplementaton of behavor resultng n the computer executve functon n Brtan, or the defendant to obtan or ntent to obtan control of the computer program or computer data on crme n Brtan, are the domestc jursdcton and the apparent lnk. For llegal modfcatons to the computer crme behavor n the resources, mplementng lead to unauthorzed modfcaton behavor n Brtan, or unauthorzed modfcatons occurred n Brtan, s the apparent connecton between domestc jursdctons. To further mplementng or preparng of other crmes for the purpose of unauthorzed access to computer resources crme, whether the act s actually mplemented or gan unauthorzed access to computer resources, the crme convcton has no effect. The defendant ntended to carry out or prompted by any fact, f occurred n the UK overseas, whle the fact f occurred n Brtan n accordance wth the " computer abuse law " provsons of the second artcle and consttute a crme, the behavor s also consttute "1990 computer abuse law" provsons to carry out further or prepare for the mplementaton of other crmes for the purpose of unauthorzed access to computer resources Unted States The Councl of Europe helps protect socetes worldwde from the threat of cybercrme through the Conventon on Cybercrme and ts Protocol on Xenophoba and Racsm, the Cybercrme Conventon Commttee (T-CY) and the techncal cooperaton Programmer on Cyber crme. Terrtoralty prncple and person prncple are from the Unted States federal crmnal law. Federal crmnal law manly apples to: (1) does not belong to any federal terrtores, such as the Unted States overseas terrtory; (2) the federal " enclave ", whch s located n one state but does not belong to the state under the jursdcton of local, such as mltary bases, mltary, natonal parks; (3) Amercan shps and arcraft on the hgh seas or n foregn waters or sky; (4) n the hgh seas or n a foregn land to ctzens of the Unted States; (5) any 484

5 person ncludng the presdent, vce presdent, leaders from Congress, senor governmental offcals as well as the Unted States dplomatc offcals; (6) foregners n foregn terrtores mposed aganst the Amercan government ( not an Amercan ctzen ); (7) the state has no rght to jursdcton or the jursdcton of controversal cases between the states. The scope of State crmnal law bascally takes the terrtoral prncple, as long as a crmnal act or behavor results n ths state, whch belongs to the state jursdcton, accordng to the federal crmnal law prorty " prncple by the federal courts of jursdcton. Accordng to the above provsons, the mplementaton of the cyber crme behavor or behavoral outcomes n the Unted States of Amerca s a federal terrtory, on the hgh seas or n foregn terrtoral waters or has brought the Amercan shps and arcraft, n accordance wth the prncple of terrtoralty, the Unted States federal crmnal law has jursdcton; n the seas or n foregn terrtores of Amercan ctzens of the mplementaton cyber crme; foregners n foregn terrtores mplement cyber crmes aganst the Unted States government, the Unted States federal crmnal jursdcton n the Unted States; Presdent, vce presdent, both houses of Congress leaders, senor government offcals as well as foregner of the Unted States dplomatc offcals commt the cyber crme, such as the nfrngement of personal property, cyber crme, the Unted States federal crmnal jursdcton; for the Unted States of Amerca has no jursdcton over the cyber crme case, or between the states n the jursdcton of the controversal cyber crme case, or the Unted States federal crmnal law Germany Although the German crmnal law ncludng nne knds of cyber crme, but there are not specal provsons on the cyber crme crmnal jursdcton, that s to say n Germany Crmnal Law Cyber crmnal jursdcton comples wth German general prncples of crmnal law n crmnal law scope. Accordng to the German crmnal law about the spatal effect of crmnal law provsons, f the behavor and results of cyber crme occurred n the crmnal hope place, n the feld or felds of Germany, whle n Germany, but n the suspenson of the Federal Republc of Germany Flag or the natonal emblem of German crmnal law has crmnal jursdcton. If carryng out n abroad the German cyber crme n crmnal law should be punshed, or no punshment, whch apples to the German crmnal law. The mplementaton of the German cyber crme n crmnal law n foregn countres should be punshed, or no punshment, f foregners commt crme n Chna, would be arrested, accordng to the nature of the crme wth the Extradton Law, but because the extradton request, or the extradton request s refused or not be extradted, whch s applcable to the German crmnal law. And other natonal spatal effect of crmnal law provsons are dfferent, the German crmnal law crme ncluded crmnal behavor, behavoral outcomes, therefore, the wder scope of crme Sngapore Sngapore ssued "mproper use of computer makes", whch allowed the computer crme and the related crmes prosecutons n Sngapore at home and abroad. If someone s covered by the act of crme anywhere at abroad, and commts the offence sancton that would be lke n Sngapore, the act apples to the followng: the defendant n Sngapore; or at the tme of the murder, the computer programs or data n Sngapore. 4. Crmnal jursdcton system of cyber crme n Chna 4.1. Effect on determnng the crmnal jursdcton of cyber crme factors Faced wth one knd of cyber crme, we must make sure that the crme occurred or where the results occurred, n order to determne whch regons or countres should exercse jursdcton. The tradtonal theory of crmnal law on the crme does not have much controversy and whether the results have occurred s not dffcult to determne, but n cyber crme, t s a problem to determne the crme tself. The determnaton s not the crme tself, but t s determned whether the occurrence of crme s correct. In the feld of cyber crme perpetrators tend to use cyber operaton to am ther crmnal purpose, whch often use remote control or telephone n dfferent places to make the crme result and behavor. It would be more dffcult to determne f the behavor people adopt specal means, such as the dstrbuted denal 485

6 of servce, a pluralty of target host attack to hundreds of computers through the Internet, or the cyber decepton and the real address hdden. The perpetrator, crmnal behavor and the result are dffcult to be defned. In the world wde state, legslaton s laggng behnd the judcal enforcement, and there s lttle advance awareness of legslaton. But for the cyber crme case jursdcton, lawmakers stll blame. As a new thng Internet has extremely strong vtalty, whch could construct connecton of cyber space and physcal space n a short perod all around the world. Thus great dfferences brng a varety of effects, whch should become a new feld n the study of law. But t s not made by legslators who should respond to, and then t produces a number of thorny legal ssues Establshment of cyber crme jursdcton prncple n Chna The academa has already formed a lot of constructve study outcomes on the cyber crme jursdcton theory, but t should be admtted that n many countres legslaton and justce are stll explored, thus the academc study s stll mmature, not n real lfe mplementaton, but also n the theoretcal research. In analyss of the basc types of the above cyber crme characterstcs and from the perspectve of the present academc constructon, the author thnks the methods to solve the current cyber crme jursdcton and determne a sharp problem are expandng the tradtonal crmnal jursdcton terrtoral jursdcton based on the prncple of "convenence" and the prncple of complementary, graspng the prncple of prohbton n the processng of nternatonal crmnal jursdcton conflct, and strengthenng the nternatonal judcal assstance. In general stuaton, the basc method of solvng the cyber crmnal jursdcton s expandng the applcaton of the terrtoral prncple. Despte the expanson of terrtoral jursdcton s favorable n the stuaton of safeguardng natonal soveregnty and attackng cyber crme, but n some extent t s a drawback. Frst of all, expandng jursdcton has conflct wth other jursdcton. Secondly, the expanson of jursdcton would nevtably ncrease the number of cases whch would brng much nternatonal judcal assstance pressure and more dffcultes to the judcal organs. Last, t would be not conducve to the protecton of human rghts, because expandng the crme concept would undoubtedly nfluence on the protecton of human rghts. Accordngly, prncple of expandng terrtoralty s not a good way to solve the problem. Based on ths, some scholars thnk that some lmted jursdcton prncples would be taken, namely, n addton to personal jursdcton, crmes aganst natonal or cvl nfrngement or mpact relatonshp would be taken as a crteron to determne crmnal jursdcton, correlaton, crmnal jursdcton wthout correlaton. The relevance of the specfc meanng refers to the crme for ther natonal or ctzen has formed the actual damage and nfluence, whch has been on the natonal or ctzen wth drect contact. Therefore, crmnal behavor and result n ths feld of crme are not n the country, but the crme exsts when sgnal transt actual affect ts relevance crcumstances, whch can enjoy the crmnal jursdcton. URL source country prncple s the ste on the new jursdcton bass, and then determnes the cyber crme jursdcton prncple. The relatve behavor people conduct the cyber actvtes whose behavor n onlne web ste s stll a relatvely stable factor, the producton of URL need to change cyber servce and the provders can be confrmed through certan procedures n a gven tme. At the same tme, nformaton, web ste and the owner of the relaton between the relatve stablty can be dentfed. Therefore, we can determne the URL crmnal jursdcton from the foregn cyber. Internet tself has a hgh technologcal content, whch s nevtable to brng such proof and evdence of jursdcton, and the court sanctons such as the feasblty of techncal dffcultes. In the law of scence and technology and n the nteracton of scence and technology, especally cyber extends the space of legal adjustment range, but also has provded techncal support for the law. Crmnal jursdcton n cyberspace objectvely requres the usage of a scentfc approach to dentfcaton jursdcton, applcable law. Ther behavor of Cyber crme s actually operatng cyber technology and completng through dgtal form. Cyber crme and the result are not lke tradtonal crme whch occurs n a scene, n a symbotc state, and acheve ts crme through the vrtual world across natonal boundares. Its behavor and the results are often solated, and the behavor s hard to determne. Therefore, t must use the techncal means to dentfy and verfy the real crmnal behavor and results, n order to accurately apply the prncples of jursdcton. Because the cyber crme cases may nvolve multple jursdctons n the legal system and legal concept whch exsted obvous dfferences, therefore, specfc case of the jursdctonal dsputes nevtably occur frequently. There s also drect mpact on the cyber space of tradtonal jursdcton system. In the absence of good program to solve queston of cyber space jursdcton, whch can be used for reference n the cvl law n some jursdcton prncple and help solve problems. 486

7 Fgure 1. Produce forensc results Fgure 2. Study framework 4.3. Prelmnary desgn of crmnal jursdcton system of cyber crme Cyber crme whle n cyberspace, beyond the physcal space, s dfferent from the tradtonal crme, but accordng to the above prncples, or extensve soluton by the nterpretaton of the tradtonal crmnal jursdcton system and also by the exstng flng jursdcton, the tral jursdcton system for extended explanatons, n general whch can determne the domestc cyber crmnal jursdcton, the desgn of a specfc system s as follows: 1 mn J w wc n T 2 1 T T * *, 0 y w x b st. w x b y Multple crmes to cyber crme jursdcton: URL, doman name, server are located as a crme connecton pont to determne the jursdcton of cyber crme. Because URL and doman name are relatvely stable n the cyber space, whle server exsts n the physcal world, so they could be taken as connecton pont to determne the jursdcton of cyber crme. As the cyber fnance case of theft, computer nformaton systems or cyber ntruson, system falure cases, cyber pornography case webste, 487

8 cyber superstton propagaton case webste, onlne gamblng webste address all have specfc crme for the cyber termnal equpment to the termnal locaton as the cyber crme jursdcton connecton pont. VA VA VA VA Yk r 1( ) ( ) 1 r 2( ) ( ) 1 r 1 b r 2 ( b 2 1 b2) b 1 ( b1 b2) VA exp( b0) k VA exp( b0) k Table 1. The cyber crme stuaton n major provnces Provnce Sample Number Rate(%) Hunan Hebe Jangsu Jln Henan Bejng Shanx Laonng To determne the cyber crme crmnal jursdcton: the perpetrator of the crme as the man cyber crme jursdcton connecton pont, ths knd of case generally uses a cyber to conduct crme to rsk management order of socety, because ths knd of case uses the cyber as ts crmnal tools, cyber crme and broad, whch s best that the perpetrator n the cyber crme locaton determnes jursdcton bass, n addton, wrtng and spreadng destructve vrus, a logc bomb whch hnders nternet order and the normal operaton of the crme can also be consdered as the bass for determnng the jursdcton of cyber crme. Because computer vruses and logc bombs nvolve a number of people n a wde range, f the vctms are taken as jursdcton connecton pont, whch apparently would cause jursdctonal conflcts and be not conducve to nvestgaton and judgment of the tral. Table 2. The lst of cyber crme 3 years later cyber crme Mean value The medan Standard devaton Table 3. The rate of cyber crme 3 years later cyber crme Mean value The medan Standard devaton The techncal means of the cyber crme jursdcton: the cyber tself has a hgh technology content, whch s bound to brng such as the burden of proof of crmnal jursdcton, evdence, dentfcaton and mplementaton of court rulngs on the feasblty and techncal dffcultes. Scence & technology and the law of nteracton between scence and technology, especally the cyber technology extends the space of legal adjustment range, at the same tme, also for the law has provded techncal safeguard " cyber space crmnal jursdcton s objectve on requrement by means of scence and technology to recognze the jursdcton and applcable law, cyber crme, no matter how complex n fact, through the use of cyber technology, the dgtal form of complete " n the general case the results of cyber crme and tradtonal crme are not so dentcal n the same feld. It should be confrmed about true crme behavor and results, n order to accurately apply jursdcton. To mprove the cyber crme jursdcton levels: on the base of the present actual judcal stuaton n our country, t should be admtted that the overall qualty of a 488

9 grassroots people's Court judcal personnel s general, however, the comprehensve qualty of ntermedate people's court or judcal personnel s hgher, therefore, crmnal law generally provdes a jursdcton vested n the above ntermedate people's court n face of dffcult, complex crmnal cases, such as sentenced to lfe mprsonment, the death penalty and foregn crmnal cases and so on. Because the cyber tself s a h-tech product, ts establshment and applcaton are dependent on the techncal and professonal sklls, whch determne there must be some cyber technques and sklls when the behavor person conducts cyberspace crme actvtes. Snce the cyber crme s a knd of hgh technology content of crme, t s more approprate that the cyber crme jursdcton by the tral of frst nstance of stronger over the ntermedate people's court act. 5. Concluson In face of the cyber crme on crmnal jursdcton, t should not be blndly concluded that the tradtonal theory of crmnal jursdcton lags and lacks of tme value, thereby t s not approprate to consder that the establshment of new crmnal jursdcton rule system should choose and mantan legslaton, justce and crmnal law theory of nherent stablty. Accordng to the tradtonal theory of crmnal jursdcton, t needs a soberng thought to consder cyber crme jursdcton whch s accompaned by advances n technology and fne-tunng. In confrmaton of a cyber behavor s ncorporated nto a natonal adjustment scope of the crmnal law, t should be based on the mplementaton of the act and the fnal destnaton or confrmaton of the results. In addton, although t has put forward many methods to coordnate the conflct of cyber crme jursdcton, but the author thnks that t s more approprate to use the lmted protecton of jursdcton to coordnate the conflct of cyber crme jursdcton. 6. Reference [1] C. Chbelush, B. Sharp, H. Shah, "ASKARI: A Crme Text Mnng Approach, In Dgtal Crme and Forensc Scence", Cyberspace, vol. 5, no. 4, pp , [2] D. Dubos, H. Prade, "A Set-Theoretc Vew on Belef Functons: Logcal Approxmatons by Fuzzy Sets", Internatonal Journal of General Systems, vol.6, no.13, pp , [3] V. Katos, P. Bednar, C. Welch, "Dealng wth Epstemc Uncertanty n the SST Framework. Creatvty and Innovaton", Creatvty and Innovaton n Decson-makng and Decson Support, vol.6. no.1, pp , [4] P. Turner, "Unfcaton of Dgtal Evdence from Dsparate Sources (Dgtal Evdence Bags) ", Dgtal Investgaton, vol.2, no.3, pp , [5] R.Yager, "On the Dempster Shafer Framework and New Combnaton Rules", Informaton Scences, vol. 41, no.5, pp , [6] J. Yen, "Can evdence be combned n the Dempster Shafer theory? n: L.N.Kanal, T.S. Levtt, J.F. Lemmer (Eds.) ", Uncertanty n Artfcal Intellgence, vol. 32, no.1, pp , [7] Rem A. "Cyber Crmes of the 21st Century", Computer Fraud & Securty, vol.9, no.10, pp.25-32, [8] Speer D. "Redefnng Borders: The Challenges of Cyber Crme", Crme, Law & Socal Change, vol. 6, no.7, pp.34-41, [9] Bndya M Varghese, Unnkrshnan A, Paulose Jacob, Justn Jacob, "Correlaton Clusterng Model for Crme Pattern Detecton", IJACT: Internatonal Journal of Advancements n Computng Technology, vol. 2, no. 5, pp , [10] Yong-Dal Shn, "New Model for Cyber Crme Investgaton Procedure", JNIT: Journal of Next Generaton Informaton Technology, vol. 2, no. 2, pp. 1-7, [11] Hadong Zhong, Je Yn, Janpng Wu, Shenjun Yao, Zhanhong Wang, Zhenhua Lv, Balang Yu, "Spatal Analyss for Crme Pattern of Metropols n Transton Usng Polce Records and GIS: a Case Study of Shangha, Chna", JDCTA: Internatonal Journal of Dgtal Content Technology and ts Applcatons, vol. 5, no. 2, pp ,