Analysis On the Criminal Jurisdiction Path of Foreign-Related Cybercrime from The Perspective of Transnational Telecom Fraud

Abstract

In today's era of advanced science and technology and rapid development of big data Internet, China's online telecom fraud shows the characteristics of transnational behavior or result, collectivization of criminal organization structure, diversification of crime methods, ganging of people involved and internationalization of cybercrime connection points. When Internet telecom fraud crimes occur from abroad to China, the research on whether China has jurisdiction over other countries and how to determine jurisdiction is of great benefit to building an effective information framework to combat crimes, actively accelerating the pace of international cooperation, effectively coordinating jurisdiction conflicts, and continuously strengthening the ability of domestic judicial organs to perform their duties. Therefore, this paper will start with the criminal jurisdiction of foreign-related cyber crimes from the perspective of transnational telecom fraud, and actively explore the correct way to determine the criminal jurisdiction of foreign-related cyber crimes in China by using the methods of literature research and comparative research. This paper starts with an all-round overview of telecom fraud, and then studies its essence and characteristics in the dimension of transnational telecom fraud. The theoretical basis and existing difficulties of the exercise of criminal jurisdiction over transnational telecommunication network crimes are summarized in two parts. This paper expounds the dilemma of the exercise of criminal jurisdiction, and finally gives some suggestions on the exercise of criminal jurisdiction over foreign-related cybercrime in China according to the above problems.