CAJ | 학술논문

在现行刑事案件管辖制度的基础上,网络犯罪管辖权应进一步细化联结点并确立优先次序.不同类型的网络犯罪在管辖权设定上的关注点应有所不同.网络犯罪案件的管辖应当遵循实体法与程序法相一致、案件的全面覆盖与均衡分布、便利性等价值追求.以实施网络犯罪行为的计算机终端所在地为行为地,以受害人发现权利被侵害的计算机终端所在地为犯罪结果发生地,并辅之以被告人住所地,确立一个分层次的网络犯罪司法管辖体系.
재현행형사안건관할제도적기출상,망락범죄관할권응진일보세화련결점병학립우선차서.불동류형적망락범죄재관할권설정상적관주점응유소불동.망락범죄안건적관할응당준순실체법여정서법상일치、안건적전면복개여균형분포、편리성등개치추구.이실시망락범죄행위적계산궤종단소재지위행위지,이수해인발현권리피침해적계산궤종단소재지위범죄결과발생지,병보지이피고인주소지,학립일개분층차적망락범죄사법관할체계.
In order to decide the jurisdiction of cyber crimes, a new system has been provided, in which the existing junction points of criminal jurisdiction are subdivided and a new order is established to determine which junction point is preferential. Cyber crimes can be divided into two types, one of which refers to the crimes implemented by internet cyber method while making damage to the traditional objects, and the other refers to the crimes making damage to the peculiar objects only existing in the virtual environment of internet. Different junction points should be concerned in deciding the jurisdiction of different types of cyber crimes. The jurisdic- tion of cyber crimes should bring itself into correspondence with these Value Principles ： the consistency of sub- stantive laws and procedural laws, the universal coverage and even distribution of cyber crimes and the conven- ience principle. A new system of eyber crimes jurisdiction can be established by defining the place of the computer terminals, which are used as crime method, as the place of crime implement;defining the place of the computer terminals, where the victim find his fights has been violated, as the place of crime consequence;and determining the domicile of defendant as a supplementary.