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On The Internationalization Of Legislation Of Chinese Criminal Law

Posted on:2012-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:X Y MenFull Text:PDF
GTID:2216330338462360Subject:Law
Abstract/Summary:PDF Full Text Request
In modern world, the infiltration and development of criminal law theory and criminal legislation in different countries have become an irreversible trend. In the modernization process of Chinese criminal law, attention should be paid to localization of the criminal law. However, for contemporary China, what's more urgent is the internationalization of legislation of the criminal law. The path of internationalization is merely through positive efforts to join the international criminal conventions and on this basis, draw on advanced foreign legislative experience, and constantly establish and improve the domestic criminal law. From the perspective of the internationalization of legislation of Chinese Criminal Law, the author offers a discussion on its manifestation and defects, expecting to improve the measures for the internationalization of legislation of Chinese Criminal Law within the existing legal framework.The first part mainly describes the content and origin of the the internationalization of legislation of Chinese Criminal Law as well as realistic significance of research on the internationalization of legislation of Chinese Criminal Law. The description indicates that under the background of economic globalization, the internationalization of legislation of Chinese Criminal Law is necessary for China to keep pace with the world and combat international crime and maintain stability of the international community.The second part mainly introduces the principles and means of the Internationalization of Chinese Criminal law. The discussion of the Principles of the internationalization of legislation of Criminal Law and the internationalization of Philosophy of Criminal Law, helps to lay the foundation for the following study on the performance and perfection of the internationalization of legislation of Chinese Criminal Law.The third part mainly discusses the performance the internationalization of legislation of Chinese Criminal Law. Through study on official confirmation of the principle of nullum crimen. nulla poena sine lege, the addition of the general principle about jurisdiction, the internationalization of legislation of terrorist crime, the internationalization of legislation of drug offenses and the internationalization of legislation of torture crime, it is concluded that the compatibility of Chinese Criminal Law with laws in other countries around the world, which is also the performance of the internationalization of legislation of Chinese Criminal Law.On the basis of the research above, the last chapter explores the concrete problems and perfection measures in the process of the internationalization of legislation of Chinese Criminal Law. Through discussion on terrorist crime, drug offenses, money laundering and torture crime, it is concluded that in the past few decades, China has been making positive efforts to combat international criminal activities, and join different international criminal conventions. In other words, China has made certain achievement in internationalization. However, the rise and maturity is a long process, and the internationalization of the China's criminal law is no exception-there are many defects, so we should continue to improve it through our own efforts.
Keywords/Search Tags:Legislation of Criminal law, Internationalization, Crime, the United Nations, Conventi
PDF Full Text Request
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