China And ICC: Status And Prospect

The establishment of International Criminal Court (ICC) symbolized that the human society made a key step in joint-punishing the increasing international crime. Being the largest developing country, China participated in the entire process of the establishment of ICC positively, and has made the tremendous contribution to the establishment of ICC, which obtained the widespread high praise of the international society. However, China vetoed when The Rome Statue was pushed through overwhelmingly in 1998. With the time going by, though more and more counties acceded to The Rome Statue in succession, China still stands by embarrassedly. Why did it happen so? What is the relationship between China and ICC on earth and how this relationship will develop? All that mentioned above is worth being thought deeply. Confronting with the multitudinous questions, the author selects"China and International Criminal Court: Status and Prospect"as the doctoral dissertation topic. The author attempts to forecast the development based on the analysis on the current relationship between China and ICC, and then put forward the reasonable choice of China.This article includes two parts, six chapters in total:Partâ… : Analysis on the current situationThis part mainly analyzes the current relationship between China and ICC and the reasons of the existence of this situation. It includes the following threechapters:Chapterâ… : culture ConflictsThis chapter mainly concerns the relationship between China and ICC in the view of cultural perspective. ICC is a production of the development of West society. And it is the symbol of West culture. The Chinese culture that China's diplomatic policy represents and the West culture that ICC represents have many kinds of conflicts and differences. Neither China nor ICC can cast away their natural culture traditions and syncretize with each other in a short time. There must be a process of mutually exclusion and syncretism of each other. So it is the inevitable choice for China government not to participate in the ICC at this stage. It is an unquestionable conclusion which results from the analysis on the relationship between China and ICC from the cultural perspective.Chapterâ…¡: Comparison of the criterionsIn this chapter, firstly, the author compares The Rome Statue with the general legal principle, the constitution of crimes, the penalty and the specific crimes of Chinese Criminal Law, in the perspective of substantive law. Secondly, the author compares The Rome Statue with the general legal principle, the jurisdiction and the witness rule of Chinese Criminal Law, in the perspective of procedural law. Then, the author gets the similarities and differences between them, rethinks some correlative problems, and attempts to find the reason for this situation, which will establish the foundation of reference and coordination between the two parties.Chapter III: Wandering in the realityIn this chapter, the author brings forward the opinion that the reason why China does not accede to ICC is the reflection of China's general disciplinarian when it accedes to international organization. On this basis, the author sets forth the overall and specific reasons why China refuses to accede to ICC at this stage in reality. Then the author analyzes their impact on China and ICC, and puts forward that the disadvantages outweigh the advantages in the situation that China refuses to accede to the ICC at this stage for both of them.Partâ…¡: Looking to the future This part forecasts the future development of the relationship between China and ICC on the basis of the analysis of the current relationship between them mentioned above. In this part my opinion is that China surely will accede to ICC in the near future. It includes the following three chapters:Chapterâ…£: Cultural syncretismThe existence of common culture between China and West and the development of the cultural globalization make it possible that the communication and syncretism between the West culture that ICC represents and the Chinese culture that China's diplomatic policy represents, Ether Chinese culture or West culture has its advantages and disadvantages and can satisfy the need of the each other's self-improvement. Under this major premise, there will be more and more common points between China and ICC in the view of culture, and the gap between them will become narrower and narrower. That China's acceding to ICC is a certain result of the syncretism of the Chinese and West culture. So ICC needs China and China surely will accede to ICC from the analysis in the perspective of culture.Chapterâ…¤:Reference of the criterionsThe intention of comparison is used for reference. In this chapter, the author puts forward proposals on modifying Chinese criminal substantive and procedural law according to the advantages of The Rome Statue. In addition, the author puts forward proposals on modifying The Rome Statue, as far as the interest of China and the international community is concerned, in order to improve Chinese Criminal Law from the perspective of ICC and ICC from the perspective of China.Chapterâ…¥: Realistic choiceChina hasn't acceded to the ICC, which is bad for mutual development. Acceding to the ICC is the best choice for China at this stage. In this chapter, the author will put forward proposals mainly on how to accede to the ICC and what should be done for acceding to the ICC. The main new point of this essay mainly lies in the analysis and prospects of the relationship between China and the ICC from the culture perspective. From the current domestic situation, there's no real-meaning work studying the relationship between China and the ICC from the culture perspective. Some published works doesn't see that the profound reason why China hasn't acceded to the ICC lies in the differences between traditional Chinese culture and West culture. The ICC represents the western culture. But China, which represents a quite different culture from the West culture, necessarily will confront a procedure from exclusion to adaptation about the ICC. So this part is one of the main innovative points of this thesis. Due to the lack of correlative references, it is hard for the author to handle the depth of the research, so this part is also the most difficult in writing this thesis. At the same time, the author makes some comparison between the laws applicable by ICC, which mainly refers to The Rome Statue, Chinese criminal substantive and procedural laws, Although some Chinese scholars has touched upon this area, there is still no real-meaning systematical research, where lies in another innovative point.In this dramatically changing international community, the status and trend of relationship between China, as the largest developing country and the permanent membership of the UNSC, and ICC, as the permanent international criminal judicial institution, has the significant influence on the development of each other especially for the international situation. Conducting the research, by taking it as the object the author work, has vital significance on making up the insufficiency of our research on international criminal law, especially on the ICC, promoting the syncretism between the criminal theories of our country and the international criminal theories, only by doing this can our country meet the challenge of the ICC with aplomb.