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Study On National Criminal Jurisdiction

Posted on:2005-11-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:L T ZhangFull Text:PDF
GTID:1116360125450968Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
National criminal jurisdiction is a specific embodiment of national power , which is the power that country adopts legislative, judicial and administrative methods to control a crime in short. National criminal jurisdiction is divided into three aspects,criminal legislative jurisdiction is the power that country make criminal law, criminal procedural law and criminal conducted law. Criminal judicial jurisdiction is the power that court convicts and fits the crime. Criminal administrative jurisdiction is the power that administrative office investigates, brings the suit and carries out punishment mainly. National criminal jurisdiction has natural order nature, from this ,it can make people worry, in the modern legal country times , how to realize national criminal jurisdiction for the guarantee of human rights .This is the ultimate aim of this paper. This article does not use chapter structure, and is divided into 11 parts. This article is about one hundred and ten thousands words. Preface elaborates the research visual angle and the purpose of this paper. This article leaves from the visual angle of criminal unifinication and lies in criminal legislative jurisdiction, criminal judicial jurisdiction and criminal administrative jurisdiction to discuss the existent unfavourable problem about human rights carried out extensive perspective, and to solve these problems. Part 1 refers to the historical investigation of the national criminal jurisdiction. National criminal jurisdiction is orginated in original clan society for social organism internal existence serious hurt contradictory solution and the dispute of clan social order. This article summarizes the characteristics of the autocratic and modern legal country criminal jurisdiction. Especially, the characteristics of modern legal country criminal jurisdiction,such as the principle of due process,the principle of a legally prescribed punishiment for a specified crime, the doctrine of equality and the doctrine of checks and balances,can help our country reform the criminal jurisdiction about human rights. Part 2 refers to the definition of the national criminal jurisdiction. First,this article comments for the three kinds of domestic major viewpoints:Substantive theory thinks that criminal jurisdiction what solve is how to bring the suit, try and punish power for certain case , what is concerned with is substantive problem. Criminal procedural law is just exercised for the division of criminal jurisdiction. Procedural theory thinks that criminal jurisdiction is to definite certain or certain kind of law case contronled by certain department. Mixed theory thinks that criminal jurisdiction includes criminal substantive jurisdiction and the criminal procedural jurisdiction. Substantive theory and procedural theory are unilateral, and mixed theory still stays essentially on the layer surface of criminal legislative jurisdiction, the synthesize of criminal substantive jurisdiction and criminal procedural jurisdiction should establish on the realization of criminal judicial jurisdiction. This article thinks that national criminal jurisdiction should be limited to control criminal power for country, and includes criminal legislative jurisdiction, criminal judicial jurisdiction and criminal administrative jurisdiction.Part 3 refers to the nature of national criminal jurisdiction. Generally , the nature of criminal jurisdiction is the specific expression of criminal field that state punishes the crime. Its specific expression of sovereignty nature includes: a.the equalness of national criminal jurisdiction.b. the independence of national criminal jurisdiction , national criminal jurisdiction should exclude another national authority. c.the self-defense of national criminal jurisdiction, country exercises criminal jurisdiction to punish a foreigner crime for protecting the benefit of homeland and national. d. the non-interference of national criminal jurisdiction, the exercise of national criminal jurisdiction should not interfere the other country. f.the...
Keywords/Search Tags:Jurisdiction
PDF Full Text Request
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