The practical predicaments and difficulties in the jurisdiction of cybercrime and their solutions
网络犯罪管辖的现实困境与难题纾解

摘要

网络犯罪频发，对人民群众财产安全造成了严重威胁。公安司法机关回应实践需要，针对网络犯罪问题，出台一系列意见解释，这虽然短期内对网络犯罪管辖起到缓解作用，但其对犯罪地采取列举式的扩张解释使得管辖冲突加剧。在信息高速发展时代，传统刑事管辖已难以满足网络犯罪的实践需要，应确定以实害联系、最密切联系原则确定犯罪地，同时完善指定管辖与并案管辖细则，坚持检察一体化原则，增设刑事诉讼管辖权异议制度。

Abstract

Frequent cybercrimes have posed a serious threat to the property safety of the people. In response to practical needs, public security and judicial authorities have issued a series of opinions and interpretations on the issue of cybercrime. Although this has played a role in alleviating the jurisdiction of cybercrime in the short term, the expansion of the interpretation of the crime location in an enumerative manner has intensified the jurisdictional conflict. In the era of rapid information development, traditional criminal jurisdiction is no longer sufficient to meet the practical needs of cybercrimes. It is necessary to determine the crime location based on the principle of actual and harmful connection and the closest connection. At the same time, the detailed rules for designated jurisdiction and consolidated jurisdiction should be improved, the principle of integrated prosecution should be adhered to, and a system of objection to criminal litigation jurisdiction should be added.