Journal of Shanghai University (Social Science Edition) ›› 2023, Vol. 40 ›› Issue (3): 122-137.

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Cross-border Cybercrimes: Preventive Governance Model and Its Development

  

  1. 1. College of Criminal Justice, Shanghai University of Political Science and Law; 2. Law School (Weihai), Shandong University,
  • Received:2022-06-21 Online:2023-05-15 Published:2023-05-15

Abstract: Cross-border cybercrime is characterized by the interaction between the virtual and the real, the correlation between science and technology and crime, the separation between behavior and result, and the duality of intelligence and implicitness. Given the many limitations in the current crime governance model, it is urgent to explore and adopt a more targeted and effective one to ward off cross-border cybercrimes. The core of the preventive governance model is to protect the development and security interests of people, safeguard national cyber sovereignty and security, and actively take preventive measures to prevent major cyber security events. The goal of preventive governance of cross-border cyber crimes is to enhance the resilience against cyber risks as a whole, thus obtaining cyber resilience. To achieve this, it is imperative to carry out all-round governance at different levels, such as implementing the concept of the rule of law, improving multi-agent participation in governance, building a preventive legal system, strengthening legal guarantee for technical governance, and improving cooperation rules for international communities, so as to build an effective cyber security system containing cross-border cybercrimes in every aspect.

Key words: cross-border cybercrime, preventive governance, cyber resilience

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