The Main Problems Of International Crime

With the improvement of science and technology, international crime tends to be more sophisticated under the globalization background. In order to effectively prevent and punish international crime, it is necessary to define the subjects of it and their ralative penalties in the international conventions, so as to perfect the liability system of international law. While on the other hand, there does not exist an authoritative defination of international crime in the present international law, not mention the subjects of it. Considering the necessity of practice and the lack of theory, the author tries to study the subjects and their penalties of international crime. The thesis consists of three parts.Part Ⅰ: International Crime. This is the starting point of the whole study. Only when we know clearly what is international crime, can we define the subjects of it correctly. In this part, the author analyses the defination and characteristics of international crime, besides, the relative stipulations of international crime in the international conventions are also mentioned.Part Ⅱ: The Subjects of International Crime. This is the key part of the whole thesis. The author firstly expounds the State as a subject of international crime. Apart from the practical significance, the author holds that a state has the possibility to commit an international crime, and there is also the feasible methods for the State to bear her penalties. Then the author studys the natural person as a subject of international crime. She divides the natural person into two parts: the one who acts in the name of a state and the one who acts only in the name of himself. The reasons why they can be the subject of international crime are elaborated perspectively. In this part, the author also points out thecharacteristics of international crimes committed by different kinds of subjects.Part III : The Expanding Tendency of the Subjects of International Crime. International law is a system which is always developing. As the international crime becomes more sophicticated, the subjects of it also shows the tendency to expand. In this part, the author gives her own viewpoint on such a tendency. She holds that the international organization and the legal person should also be regarded as the subjects of international crime. The practical necessity and the possibility for them to commit an international crime are discussed. In addition, the author gives her conception of the relative liability system.