2014年6月8日星期日

not for the field or area&quot

in fact, using legal means to especially the extraterritorial jurisdiction, let the Americans identify behavior cost to maintain USA interest, has been an important means of American. For example, USA established the extraterritorial jurisdiction "effect principle", "clearly intended to influence and indeed affect the cheap customized jerseys American trade and commerce" behavior, whether it occurs in where, and whether the behavior subject is American, can be used USA of legal norms. The American filed legal proceedings against Chinese soldier, is also based on the foreign judicial jurisdiction of the criminal law. American has the network space as a "global commons", the Internet is defined as "not for the field or area" of any country governed and security and prosperity of all countries depends, in light of the increasing computer network crime across the boundaries of the more prominent, the foreseeable future, America will adopt more such means the Americans, as for American network theft behavior person pay legal costs.

China should how to guarantee the network space interests through legal means? This event can at least thinking in the following aspects: one is the act of state immunity from jurisdiction problem. The exercise of extraterritorial jurisdiction cheap nhl jerseys is closely related with national sovereignty theory, according to the international law principle, the national behavior enjoy jurisdictional immunity. So, whether China military personnel in the national behavior immunity? American immunity from cheap jerseys jurisdiction stipulated some commercial exception, cyber espionage is belongs to the category of

business exception?

two is the extraterritorial investigation cheap basketball ncaa jerseys and evidence collection problems. Extraterritorial jurisdiction exercise will inevitably involve extraterritorial investigation. At present the international network for network crime investigation act without the perpetrator's have the authority to one's approval of, is not recognized by. Such as "Convention on Cybercrime" clear: only in the two case of a country's law enforcement agencies cross-border access stored in a computer system's data, namely access to public data, or from the person has permissions obtained legal permission or consent. American may not have permissions by China People's consent, computer system to access the China, in order to obtain evidence. Effect of these illegal so-called evidence? Can become a defense?

three is the perfect Chinese criminal law. From this incident, America given sufficient legal protection of information and information system, on the one hand the commercial secret wiretapping to national security to protect, on the other hand, according to the cheapjerseys.us information and information systems in various ways and means, such as the computer fraud and abuse, invasion of computer systems, computer systems, business secret destruction stealing, economic espionage, the corresponding provisions of crime and punishment measures. But the charges on information and information system protection China criminal law is still very limited, inadequate protection.

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