International Criminal Jurisdiction, The Principle Of Universal Jurisdiction Study

The principle of universal jurisdiction is the most important principle to establish international criminal jurisdiction. It is a unique principle in international criminal law. It evoluted in a form of customary international law in 17th century and gradually performed a statute law in international convention of 20th century recognized by the public society. It is playing a more and more important part in international criminal field especially facing the increasing severe situation of international crime.The principle of universal jurisdiction itself and some related theory have attracted widespread attention in theoretical circles.In the paper, the author uses empirical methods and the method of comparative analysis to do a systematic research in the principle of universal jurisdiction both in theory and practice. Besides preclude and conclusion sections, this paper contains four chapters. The first chapter is the introduction to the principle of universal jurisdiction introducing the basic theory of jurisdiction which formed a basis for the later discussion. Then the paper talked about the international criminal system, introduced the relevant international legislation and the history of the principle of universal jurisdiction.Chapter II is the basic problems of principle of universal jurisdiction. The first part demonstrates the necessity and significance of the establishment of the principle of universal jurisdiction, and put forward the concepts of conditional universal jurisdiction and absolute universal jurisdiction. Then the paper gives a strict definition of the principle. Followed by an analysis of the conditions the principle of universal jurisdiction applies to, finally, the paper give a summary of the impact factors in the applications of principle of universal jurisdiction.The third chapter of the paper deals with the controversial theories in the principle of universal jurisdiction. I selected several problems which involves several controversies to do some research. These problems include the relationship between state sovereignty and the principle of universal jurisdiction, the conflict of jurisdictions, the principle of universal jurisdiction and the traditional theory of the exemption,the nature of the jurisdiction of International Criminal Court.The last part of this paper concentrates on China and the principle of universal jurisdiction in the area of legislative and practical activities.Chapter four talks about some deficiencies in Chinese legislation and gives my own suggestions to perfect the legislation.In the conclusion section, the author has the conclusion like this:the principle of universal jurisdiction has great significant meaning in fighting against international crime so as to safeguard the world peace.