The Application Of Universal Jurisdiction In China

With the increasing communication among international societies, and the rapid and frequent intercourse of world people, international crimes are posing a threat to the world peace and security. In light of this and for the purpose of effectively attacking international crimes and protecting the people's benefit all over the world, we must strengthen the international cooperation of criminal judicial departments for reducing national differences and utilize universal jurisdiction.Amongst kinds of jurisdictions, universal jurisdiction is an effective measure to fight against international crime. Universal jurisdiction breaks through the restrictions of territoriality, nationality or protective principal. It offers unified basis and guarantee for the countries all over the world in punishing international crimes. For more than half a century, the application of universal jurisdiction has been more and more frequent. With universal jurisdiction being increasingly exercised, it has not only become the most controversial one of all extra-territory jurisdiction principles, but also faces tremendous hazard and difficulties, which hampers its proper functioning as to fight against international crime. Hence, it is necessary to analyze and make clear the hazards it encounters in its application, in order to find out a proper approach to overcome these hazards.This paper analyzes the origin and basis on which the universal jurisdiction arises and tries to discuss the problems and difficulties it comes across nowadays. From the standpoint of national practices of application of universal jurisdiction, the author of this paper examples some hazards and difficulties such as political reason, jurisdictional conflict, criminal immunity and difficulties of collect evidence, financial scarcity and so on. Political reason affects international and internal criminal legislation and criminal judicature. Jurisdictional conflict represents that several country possess of jurisdiction to the same case. In the case of this condition, it is harm not only to attacking international crimes, but also to the world peace and security. Criminal immunity relates to the problem of diplomatic immunity and immunity of chief of state. Criminal immunity is the most controversial problem and difficult to solve.In succession, the author expounds the necessity of constituting universal jurisdiction and actuality of application in China and states objections and obstacles that universal jurisdiction encounters in China. The author of this paper discusses the criminal substantial law and criminal procedural law in China. At last the paper emphasizes on how to properly solve the conflicting problem and how to perfect the application of universal jurisdiction in China.The application of universal jurisdiction strictly prosecutes the international crime and impactfully promotes harmony and cooperation between countries all over the world. However, there are many obstacles in its exercise. These obstacles severely restrict its function in punishing international crime. So, in order to protect the common benefit of the international society, and to build up means of international cooperation, we must take measure to hurdle the obstacles and overcome the difficulties. We should transform the international treaty that we joined to internal law. We should perform our international obligation and try our best to perfect the application of universal jurisdiction in China.