The infiniteness of the network space information interaction makes the network crime sufficient to affect any field of information transmission。To facilitate comprehensive cracking down crime，Criminal Justice's setting of its jurisdiction is relatively loose，That is where as long as you are in contact with the crime，Its public security judicial organs can exercise jurisdiction over the case。This will inevitably bring the jurisdiction of jurisdiction。and designated jurisdiction is an important means to determine the final department of the case。Current，Documents specified in the designated jurisdiction of cyber crime are mainly: "Criminal Procedure Law"、The Supreme Court "Interpretation of the Application of the Criminal Procedure Law" (hereinafter referred to as the "Interpretation of the Criminal Procedure")、The Criminal Litigation Rules of the People's Procuratorate (hereinafter referred to as the "Criminal Procedure Rules")、The Ministry of Public Security "Regulations on the Procedure of Criminal Cases of Public Security Organs" (hereinafter referred to as the "Public Security Regulations")、Six ministries and commissions "Regulations on the Implementation of Several Issues of Criminal Procedure Law" (hereinafter referred to as the "Provisions of the Six Agency") and the Supreme Court、Supreme Inspection、The Ministry of Public Security ’s“ Opinions on Criminal Procedures on Criminal Procedures for Criminal Procedures for Criminal Procedures for Criminal Procedures ”(hereinafter referred to as“ Internet Criminal Opinions ”) and“ Criminal Cases on Criminal Cases such as telecommunications network fraud are applied Bet365 app download to the application of criminal proceedings for cybercrime cases. Opinions of several legal issues (hereinafter referred to as "Opinions of Telecom Network Fraud")。These documents involve subjects specified by the jurisdiction、Object、Applicable program and other content，It seems enough to deal with jurisdiction problems in cyber crimes，Actually not。

First，Specify the applicable situation of the jurisdiction。About when to specify jurisdiction，The Criminal Procedure Law is "Jurisdiction Jurisdiction"，"Interpretation of the Criminal Contaement" requires "controversy in jurisdiction"，"Public Security Regulations" term is "unclear or controversial" or "special situation"，The Rules of Criminal Procedure lists four situations，"Disputes", "Disputes", "Need to change jurisdictions", "need to concentrate jurisdiction", "other required cases"，"Internet Crime Opinions" is "controversial" or "law、The inspection has been accepted but found that there is no jurisdiction "，Opinions of "Telecom Network Fraud and other Opinions" are applicable to the case "controversial" or "implementation overseas" or case "formation of multi -level chain、Cross -region "。Visible，No two files are exactly the same as the specifications of the designated situation of the designated jurisdiction。Even the words "jurisdiction" and "controversial" with relatively many frequent frequency，Its connotation、How about extension，It is unknown to whether there is a cross。

2，Specify the relying standard of jurisdiction。The theoretical basis of the jurisdiction system lies in the principle of legal judges (courts)，That is, the legislation must allocate the right to the judge (court) in advance，Avoid the temporary assignment of judges after the case occurs, causing the public to question justice。When establishing bet365 Play online games the allocation standard，The academic community has said: "Jurisdiction is considered the nature of the case、Essential weight、Simple difficulty、Convenience of trial、The convenience of the defendant and the affairs of the court depends on the factors such as the court。"also said:" When allocation of jurisdictions, you should consider whether to facilitate the factor of litigation。"" Although the existing regulations have not stated that the consideration basis when the establishment of jurisdiction，But from the content of the provision，The spirit of legislation is basically consistent with the understanding of the academic community。But the designated jurisdiction is obviously confirmed afterwards，Is a person -to -person judge，illegal judge。So，Does the legislative spirit of guiding jurisdiction still applies to the designated jurisdiction? What kind of standards should we specify jurisdiction?，Principles that are beneficial to litigation "(that is, two conducive to principles) Specifying the investigation out of jurisdiction，"Criminal Procedure Law" and other normative documents did not respond to this problem。This undoubtedly further increases the desirefulness of the designated jurisdiction，Added uncertainty risk of case allocation。

third，Insufficient guidance specified by the jurisdiction。First, the legal status of the specified jurisdiction is unknown，Investigation and trial specify how the jurisdiction is designed to be smoothly connected，Related regulations are not perfect; second, when there is a situation that needs to be specified,，Is the negotiation first and then specify，Still specify directly，Or negotiation is a specified necessary component? Each normative document is not uniformly regulated; the third is to specify the circulation of the post -jurisdiction bet365 live casino games case、Notifications after the jurisdiction of confirmation，Except the "Public Security Regulations" occasionally mentioned，Other legal documents such as other laws do not respond to subsequent program problems。During the specified jurisdiction in the Internet crime, there is a high frequency of jurisdiction，During the specified jurisdiction in the Internet crime, there is a high frequency of jurisdiction，Specifying jurisdiction cannot obtain lasting vitality。

From this，First，The designated jurisdiction of the designated jurisdiction of cyber crime should be classified and refined。The Criminal Procedure Law seems to be intended to regulate the situation of "unknown jurisdiction" and "clear jurisdiction and multiple courts."，But the "Interpretation of the Criminal Control", "The Rules of the Criminal Procedure" and "Regulations on Public Security" blurred the applicable scope of the designated jurisdiction。Development according to theory，Unknown jurisdiction can be divided into two cases:。The former is mainly manifested as the unknown jurisdiction of understanding，Including the case handling organs recognize that there is no actual、The case of the case of the case is recognizing that there is no actual existence、Whether the place involved in the case doubt these situations。The latter except for understanding the jurisdiction caused by bias，It also includes the case of understanding or jurisdiction.、The jurisdiction of the case caused by the unknown of the administrative regional boundary of the place involved in the case is an uncertain situation。In fact，The situation on the upper situation can also be summarized as "jurisdictions are controversial"。"Unknown jurisdiction" and "Disputes in jurisdiction" are actually causal。Representative national German from the mainland law department、Method、Day、Han's legislation，No country will jurisdiction bet365 live casino games over "unknown" and "controversial" tied for。In view of the "unknown jurisdiction", it is easy to make people a wrong understanding of "jurisdiction is clear and no need to specify jurisdiction，It is recommended to abolish the saying "unknown jurisdiction"，and adopt a more inclusive "jurisdiction with controversy"。At the same time，The second echelon of the designation of the jurisdiction with "other special causes need to be specified" as a designated jurisdiction，Based on legislative policies, etc., the special causes are listed in detail as "jurisdiction over the reason for law or facts、I found no jurisdiction after acceptance、Jurisdiction of the case due to the need to handle the case、Moon aspects of jurisdiction，overcome the randomness of the application of designated jurisdictions。

Next，Determine the reference standard for the jurisdiction。The designated jurisdiction standard for binary can be set up，Specify a specified time due to legal or factual reasons，Strong ability to handle the case (such as sufficient personnel in the case of the case、Honor Awards)、There are similar case processing experiences、The distance that cannot be landed from the jurisdiction is nearly used as the criteria for screening; specify other circumstances，The basis for specifying the main evidence depended on the convicted place。The latter's operation plan is，Analysis of the evidence chain of cyber crimes in practice，Use big data technology to display the expression form and distribution of evidence for the main evidence used for the final case，Then concentrated according to evidence to determine the jurisdiction。This makes the principle of "benefit the facts of the case" more grasped。Of course，This is the standard for specified jurisdiction based on trials。At the beginning of the investigation，Evidence bet365 Play online games is still being excavated，Each case handling agency should go in handy，When the case is clear, it needs to be specified and then according to the above standards。

Last，Improve the program structure of the designated jurisdiction。Fill in the program content of the specified jurisdiction，Can't turn around the above question to relieve the aforementioned question。Investigation and trial specified jurisdiction connection issues，In essence, the designated jurisdiction of the designated jurisdiction。Look at the Criminal Procedure Legislation of many countries，Except for Russia's pre -trial proceedings, the "Investigation Jurisdiction" provisions，The representative countries of the two major systems are settings for the designated jurisdiction。It is recommended that my country does not change the current jurisdiction mode that does not change the current jurisdiction，Give full play to the supervision role of the procuratorial organs on the survey of the underwriting section，Reserved the court for review and investigation to specify whether the jurisdiction is appropriate permissions，Maintain its final decision right to jurisdiction。At the same time，The application of the application of the specified jurisdiction is distinguished from，It is clear that you need to directly specify the jurisdiction，If the entire court jurisdiction cannot wait for the avoidance，The rest adopt the method of negotiation first and then specified。"Specifying the Government" as a mechanism for negotiation，From the start to the end of the participation subject、Discussion mechanism、Case Paper Circulation, etc.，and indicate the effectiveness of the designated procedure and evidence in the designated jurisdiction，It is stipulated that the designated jurisdiction decision decision decision to be applied and transferred to the document materials will be delivered to the relevant agencies and parties。

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(Author Unit: School of Law of Ocean University of China)