The Ministry of Public Security's New Regulations Target Cross-Province Law Enforcement Chaos and Reshape the Jurisdiction System for Criminal Cases

In recent years, criticism from all sectors of society regarding "distant ocean fishing" and "profit-driven law enforcement" has continued to rise. The root of this phenomenon is complex, involving both the "profit-driven law enforcement" caused by financial pressures in certain regions, and the overly broad provisions of our country's criminal jurisdiction. The jurisdictional rule of "can be governed if it is related" provides a legal basis for "distant ocean fishing."

Since the second half of 2024, the judicial system has implemented a series of measures to curb this phenomenon, including the "Prosecutorial Protection for Enterprises" special action launched by various local procuratorates and the supervision of illegal cross-regional law enforcement deployed by national procuratorial organs. However, the most influential measure is the new regulation issued by the Ministry of Public Security in March 2025. This regulation will curb deep-sea fishing at its source and effectively prevent local public security agencies from abusing jurisdiction to engage in profit-driven law enforcement.

How do the new regulations standardize jurisdiction?

The new regulations clarify the jurisdictional principles for cross-province criminal cases: primarily based on the main crime location, with the location of the enterprise as a secondary consideration. This stands in stark contrast to the current regulations on criminal jurisdiction.

Current regulations allow the public security organs of the crime scene and the residence of the suspect to have jurisdiction over cases. The definition of the crime scene is very broad, including the place where the criminal act occurs and where the result occurs. For cybercrime, jurisdiction has further expanded to multiple locations, including the location of the server and the location of the network service provider.

This broad jurisdiction regulation has led to multiple issues:

1. Different regional judicial authorities may compete for jurisdiction over economically beneficial cases.
2. Defense attorneys find it difficult to raise jurisdictional objections in cases of obvious "profit-driven law enforcement."
3. When the objective of a case shifts from "crack down on crime" to "pursue economic benefits," it may affect the fair handling of the case.
4. For new or complex cases (such as criminal cases involving blockchain and Web3), the off-site handling units may lack the necessary expertise and technical means.

The introduction of new regulations is expected to change this situation. For example, in a hypothetical case: a Shenzhen internet company developed a nationally popular game app. In the event of a dispute, the new regulations require that the case should be under the jurisdiction of the local public security authorities in Shenzhen, rather than being handled by public security authorities in other regions across provinces. Even if someone from another region files a report, the receiving unit should transfer the materials to the Shenzhen public security authorities.

How should enterprises respond to "distant water fishing"?

In the face of potential profit-driven law enforcement, enterprises can take the following measures:

1. Raise a jurisdictional objection to the public security organ and exercise the right to appeal when necessary.
2. Report violations through the "12389" hotline.
3. Use the "Special Supervision Area for Cross-regional Law Enforcement and Profit-driven Law Enforcement Related to Enterprises" on the 12389 China Procuratorial Network to reflect issues.

Conclusion

Since the new regulations were issued in March 2025, police systems across various regions have been actively organizing studies and implementation. Many police agencies are also conducting related special investigation actions. As criminal law practitioners, we hope that these new regulations can be effectively enforced, not only bringing hope to the victims of "deep-sea fishing," but also allowing every citizen to feel the progress of the rule of law and that their personal rights are more fully protected.