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International Criminal Responsibility For Crimes The Main Study

Posted on:2009-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:X M AnFull Text:PDF
GTID:2206360272960010Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In order to prevent and punish international crimes, lots of relevant international conventions have been achieved by the international society, developing the international legislation. And several international judicial practices have promoted the fight from international society to international crimes. However, because of the differences between states in numerous aspects, and the limitation of the system among them, the international world works hardly to formulate harmonious and accordant criminal laws. This issue about the subjects of international crimes is very basic, but there is no affirmative conclusion by now. It refers to so many complicate questions that the rules are not clear and even the scope of subjects does not come to the last word. Thus, this paper focuses on the analysis of these subjects, provides a possible method about the division of them. There are four chapters in this paper of which the major content tends out as follows:The first chapter talks about international crimes as the basis of the discussion. It refers to the development of international criminal law and its characters, enumerates their judge elements and divides the grades of crime according to their value. Then it tends to the discussion of the international criminal responsibility and the academic basis. At last, this chapter enumerates the practical scope of criminals, preparing for the respective discussion on the criminal subjects.In the second chapter of the dissertation, it introduces individuals as subjects of criminal responsibility. At the beginning, this chapter describes the formation and development of international criminal individuals, and then the introduction goes to the basis of individual responsibility and major conditions. As the individual subjects have been admitted by international society, and possessed a relative complicated system, this dissertation explained the major principles and the reasons which exclude individual responsibility.The third chapter is about the discussion on organizations and groups. Here the two facilities are concerned as available subjects in international crimes, following with the basis of responsibility. The international legislation and judicial practices support the cognizance of these subjects in international criminal laws. The responsibility of organizations and groups are proved in both the character and pattern of responsibility.The last chapter refers to two similar subjects, nation and sub-nation. Since the discussion about the qualification of nation as criminal subject turns to be firework, this chapter uses the logic mind which talks form nation and its responsibility, and then the form of offense, to the methods to take the rap finally. When it goes to the sub-nation, the dissertation nails down the concept and then shows the thought and conclusion on the criminalization, the sorts and their status.The issue about subjects of international criminal responsibility is a basic proposition in international criminal law, and the primary elements to prevent and punish international crimes as well. Because of the specific environment where the international law exists, there are always questions about the definition. This article tries to answer this question. However, for the limit of my academic level, my research may have some flaws, always waiting for some helpful opinions from readers.
Keywords/Search Tags:International Law, subjects with responsibility, national responsibility, sub-nation
PDF Full Text Request
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