The Research On The Subject Of International Criminal Law-from The Angle Of The Practice Of International Criminal Trials

International criminal law is an emerging legal discipline, the thorough and systematic research on which has began with the Nuremberg and Tokyo trials after World War II. Since then the activities of international criminal justice has started to expand, and the theoretical research on international criminal law has also steadily deepened. However, the international criminal law has a relatively short history, so different scholars on international criminal law have different understandings of the range of study. Though the academic circles has not formulated the authoritative concept of international criminal law, and even has not agreed on whether it is an independent legal discipline, some problems such as the function, value, legal sources, the core content of international criminal law have been generally recognized by the scholars. International criminal law has an independent character. With the development of its judicial practice and intensive study, international criminal law will be recognized as an independent discipline.The problem on the subject of international criminal law is important in the theoretical system of international criminal law. The author believes that international criminal law should not be only confined to pursue the criminal responsibility, it should be comprehensively considered from the angle of the rights and obligations. The practice of international criminal justice has gradually established the principle of individual criminal responsibility, at the same time, the rights of the accused should be cause for concern. The victims are also the important subject in international criminal law, because whether from the development of international criminal law or the protection of human rights, protecting victims should be included in international criminal law. Though regarding countries, organizations and groups as the subjects of international criminal law lacks of international statute basis, they can constitute crimes and have the abilities to bear international criminal responsibilities. In addition, countries have independent legal personality, so they can participate in the formulation of international criminal legal norm. The operation of the international criminal justice mechanism also needs the support and cooperation of the countries. Therefore compared to other subjects, countries play an irreplaceable role.This thesis is divided into four parts: the first part mainly analyzes the range of study of international criminal law and its independent character. It enumerates the main viewpoints of the international criminal law scholars at home and abroad and summarizes the characteristics of the discipline. It also analyzes the similarities and differences between international law, international criminal law and international human rights law. All of them help to delineate the main theoretical research boundaries. The second part mainly elaborates the relationship between the practice of international criminal justice and the theoretical research. The analysis is on the base of the development of the practice of international criminal justice in order to strengthen this argument perspective. The third part is the core of this thesis. It clearly defines the subject of international criminal law, the subject of international crime and the subject of international criminal responsibility. On the base of the three basic concepts, this part elaborates on every type of the subjects of international criminal law. Regarding the existing norms of international criminal law and specific cases of the International Criminal Tribunal as the arguments, it gradually analyzes the theoretical base of looking the individual, countries, organizations and groups as the subjects of the international criminal law. It also enumerates the rights and obligations in the legal relationship of international criminal law and illustrates the relevant mechanism of implementation. This paper mainly emphasizes on the following main points: the principle of individual criminal responsibility has been generally recognized through the academic circles; the victims are the subjects of international criminal law and their rights should be protected; countries participate in the international relationship and have the abilities to pursue the international criminal responsibility, so countries are also the important subjects; organizations and can be the subject of bearing the international criminal responsibility, which is the development trend of the theoretical research on international criminal law. The fourth part bases itself upon the new practice of the international criminal justice to demonstrate the effect on the theoretical development of international criminal law. It strengthens the core content and research perspective once again.