The Study On The Universal Jurisdiction’s Obstacles In Application And Their Solutions

With the increase of the international crimes, the universal jurisdiction as a new jurisdiction, begins to form and developed. Compared with the traditional jurisdiction, such as territorial jurisdiction, the person jurisdiction, the protective jurisdiction, the universal jurisdiction has a lot of inherent advantage.In the practice of fighting against and punishing the international crimes.However, the research on the universal jurisdiction is still in a superficial level, so a common understanding of the universal jurisdiction from the international community has not come out. Some countries believe the universal jurisdiction is a powerful weapon in the punishment of international crimes as well as making up the deficiencies of the traditional jurisdiction, some countries take rejective attitude toward the universal jurisdiction. In addition, as a new type of jurisdiction, the theoretical basis, the institutional framework and the scope of application are not perfect, and there are conflicts between the universal jurisdiction and the traditional jurisdiction as well as the criminal immunity, which all directly bring out many obstacles in the practical application of the universal jurisdiction.Firstly, to clarify the connotation and extension of the universal jurisdiction and to eliminate the misunderstanding of it, the author intent to describe the concept, the basic characteristics, background, and the reasons for the rise in great detail. Then, to summarize the successful experiences and the failure practice, of the universal jurisdiction, the author will set out the international and domestic legislative situation and the judicial practice of the universal jurisdiction. Finally, by analyzing the barriers and causes of obstacles existing in the practical application of universal jurisdiction, such as conflicts of jurisdiction, criminal immunity conflicts, the difficulties of collection of evidence and witnesses, political influence. According to the specific problems, the author will put forward the practical recommendations to reduce or eliminate the obstacles in the application, so that the universal jurisdiction can give a better play in the fighting against and punishing the international crimes.