International Collaborative Responses to Transnational Cybercrime: how China Strengthen its Capacity to Combat Transnational Cybercrime

Authors: Jiang N* and Bing S

DOI: 10.23880/ijfsc-16000382

Volume 9, Issue 2

Abstract

The borderless nature of the Internet has greatly facilitated the growth of crime in cyberspace. Cybercrime today has caused huge economic losses worldwide and is violating the right to privacy on a massive scale. The consequences of cybercrime are serious and often occur in different countries and regions. The priority of territorial jurisdiction has been affected by transnational cybercrime., and its convenient application has been lost when the results of the crime are generalized. The basis of subjective territoriality and objective territoriality would be unclear. The abstract cross-border nature of cybercrime has led to frequent conflicts of jurisdiction among States and may even lead to the legal hegemony of cyber-technology powerhouses. The traditional extradition mechanism has gradually failed to respond to the interstate demand to combat transnational cybercrime. In recent years, China has not only introduced strategic policies at the national level to safeguard cybersecurity and combat cybercrime, but has also made progress in criminal legislation, administrative legislation and international cooperation legislation. China has also accumulated experience in police cooperation to combat transnational cybercrime. In order to better cooperate with other countries in international cybercrime , China should actively participate in the formulation of international conventions and regional multilateral agreements on the punishment of cybercrime. It should also further improve its domestic legislation.

Keywords: Cybercrime; Jurisdiction; International Cooperation

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