Exploring Criminal Jurisdictional Conflicts in Cross-Border Online Gambling

Abstract

Cross-border online gambling crimes occur frequently and have broken through the boundaries of traditional crimes in the context of globalization and the increasing development of Internet technology. For instance, a crime committed in one country can have adverse consequences for citizens from other countries, which makes the sovereign countries conflicts when claiming criminal jurisdiction. At present, there are limitations of traditional jurisdiction theories. In addition, the existing regulations fail to solve the dilemma of cross-border online gambling criminal jurisdiction. Therefore, based on the new characteristics of cross-border online gambling crimes, this paper explores the resolution of the jurisdiction conflicts from three dimensions. Firstly, the basic principles are followed including criticizing and inheriting the traditional criminal jurisdiction, the principle of actual harm correlation, and the principle of first acceptance and convenience of litigation. Secondly, the international assistance system should be improved. Finally, consultation and communication should be strengthened and the extradition system should be improved.