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The Jurisdiction Study Of The International Terrorism Crimes

Posted on:2008-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:D J GengFull Text:PDF
GTID:2166360242957759Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays, criminal case involving in international terrorism increases by gradually, which already has become the key factor endangering the peace and stabilization of the entire international community. In every country, the legal weapon within the range of the international law should be taken urgently to fight against such criminal activities. However, there exists international jurisdiction problem against terrorism in the world in the long run which has influenced on cooperation and effect of the countries in the world when they fight with the terrorism. The main body of the article studies on the criminal jurisdiction problem.The first chapter of the article indicates that the concept boundary of committing a crime is the premise when studying the international terrorism jurisdiction. With the worsening of the terrorism crime and the deepening of the cooperation against terrorism in the world, the unified definition for international terrorism become urgent. From the analysis of the article, we can see the essence of the international terrorism including internationalism, political nature, force nature of the way, funk in pursuing the idea of society, the distinct nature of the purpose and the uncertainty of objectives. At the same time, the article concludes the characteristic of constituting the crime. In the end, the article concludes the concept of the international terrorism crimes.The second chapter of the article indicates the particular principles of the international jurisdiction one by one, especially the general jurisdiction. It must be noted that there exist conflicts between principles of different Jurisdiction when they are put into practice. In order to punish the international terrorism crimes and avoid the conflicts of the different Jurisdiction, the article cites that the international terrorism crimes should be ranked into the range of the general jurisdiction and we should take the closest connection principle to solve the possible conflicts existing in different Jurisdiction.The third chapter of the article enumerates the obstacles failing to administer international terrorism crimes effectively. These obstacles involve the contradiction between international criminal jurisdiction and the state sovereignty; the political disturbance of the international terrorism crimes; the dispute about whether the country can be the main body of the international terrorism crimes; the influence of the cold war mentality and the ideology of hegemony.The fourth chapter of the article firstly illustrates the jurisdiction principle suitable for international terrorism. Secondly, this part indicates the countermeasures which are aim at the obstacles in the third chapter, including fusing of the international criminal jurisdiction and the state sovereignty; ruling out the political disturbance of the international terrorism crimes; removing the state from the main body of the international terrorism; overcoming the disturbance of the cold war mentality and the ideology of hegemony.The fifth chapter of the article points out the deficiency of the legislation 'problem according to the above and the legislation, the practice of our country in terrorism jurisdiction. Finally, in order to put the legislation and practice of the terrorism jurisdiction of our country into international jurisdiction, the article gives several suggestions about the alteration, which also contribute to improving the influence of our country in international and to promote to peace worldwide to some degree.
Keywords/Search Tags:International terrorism, jurisdiction, sovereignty, political nature
PDF Full Text Request
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