Research On States' Crimes And Their Criminal Responsibilities

States' crimes and their criminal responsibilities are theoretical issues under the international criminal law. There are mainly four different perspectives of researches on these issues at home and abroad: perspective of opposing to the states' committing crimes and bearing their criminal responsibilities; perspective of agreeing that the states can commit international crimes but opposing to their bearing criminal responsibilities; perspective of unequivocally supporting that States can commit crimes and must bear their criminal responsibilities; perspective of prudently treating states' international crimes and their criminal responsibilities. Although the current international law does not specify any states' crimes in the international community, there are still doubts about the states' crimes and their criminal responsibilities, so more and more experts and scholars began to explore national crime problems. As regards the states' crime, it is necessary to understand it from two levels, namely possibility and reliability, States have the possibility of committing a crime. Therefore, we find that states can become the bodies of international crimes and bear their international criminal responsibilities. Therefore, the states, as abstract entities, have free consciousness and behavior capacity. Behaviors of any state organs, individuals and organizations authorized by states should be ascribe to the states behaviors. And if they violate the fundamental and common interests of the international community, or legitimate interests of other subjects of international law, they commit crimes and should undertake corresponding international criminal responsibilities. Based on the particularity of the states, constitution of states' crimes and its elements have their own unique meaning and characteristics. On the methods how states undertake criminal responsibility, the traditional penalties are being questioned. With the deepening understanding about the essence of the penalty, traditional penalty is not the only form of international criminal responsibility any more, non-criminal penalties to the criminal States came into being. Therefore, it is not only possible but necessary to apply the non-criminal penalties to the criminal states. Therefore, the methods of non-criminal penalties to criminal states may include: terminate international crimes; apologize and guarantee non-repetition; damage compensate; fine and confiscate illegal gains; military sanction; eliminates politics and economical rights; limit sovereignty and so on.