Research On Legislation Of Scope Of Spatial Application Of Our Criminal Law

As criminal law have the force of protection and force of constraint，called thevalidity of the criminal law. The scope of application of the criminal law, refers to thecriminal law is applicable to what matters, what time, what regional and what person，through the specific legal provisions to performance. Any criminal law by legislativebody recognized and make due process has the legal validity, and all are expresslyprovided the scope of application of the criminal law. The provisions of the scope ofapplication of the criminal law are an important component of the written criminallaw. In a sense, the provisions of the scope of application of the criminal law decidethe lives of the criminal law. At present, the scope of application of the criminal lawdid not cause the attention of the theory horizon, and few scholars to depth andsystematic research on the related theory and legislation of the scope of application ofthe criminal law. That makes the problems become the “frost zone” of the criminallaw theory. On the contrary, the scholars of International law and Internationalcriminal law are full of keen interest in these problems. They studied respectivelybased on their respective areas, and have achieved some results. From the process ofChina’s criminal legislation, the provisions of the scope of application experienced asimple to complex, from coarse to fine, from immature to mature process. The currentcriminal law provisions on the scope of application basically adapted to the needs ofthe judicial practice in the past. But, along with the development of society andeconomy, it has shown some legislative defects, and can’t effectively react to newproblems arising in practice. Additionally, the scholars of International law,International criminal law and criminal law limited to their respective fields, althoughthey learn from each other, but did not break the subject limitations to conductedsystematic researches on this study. In order to break the boundaries of theoreticalresearch, and further perfect the related theory and provisions of scope of applicationof the criminal law. In this thesis, we utilize the methods of historical research andcomparative study to make some tentative innovation research from the theoreticallevel.Besides the introduction, this thesis is divided into four parts. Main content asfollows: The first part: Overview of the scope of spatial application of the criminal law.The first is study theoretical foundation of the scope of application of the criminal lawbased on the theory of national criminal jurisdiction and legal validity. The second isthrough comparative analysis the concept of the scope of application of the criminallaw to clarify the links and differences between the related concepts. The third isstudy the nature of the provisions of the scope of application of the criminal law. Thefourth is analysis the basic principles of the scope of application of the criminal law.The second part: Evolution of Legislation on the scope of spatial application ofthe criminal law. In this part, as a time limit to the founding of the People’s Republicof China, comparative analysis of the differences between the provisions of the scopeof spatial application of the criminal law in the new-democratic revolution and afterthe founding of the People’s Republic of China, trace the origin of the current theprovisions on the scope of spatial application of the criminal law.The third part: Legislative Defects of the scope of spatial application of thecriminal law. The first is the current criminal law provisions have two aspectslegislation settings defect: system settings and provisions settings; The second is thecurrent criminal law provisions have two aspects legislation provides defect: Suitableobjects and situation; The third is the current criminal law provisions easily lead to thedefects of the inequality applicable to the criminal law; The fourth is the currentcriminal law provisions have two aspects defect of legislative principles: the principleof agent punishment and the principle of double jeopardy prohibition.The fourth part: Legislative Perfection of the scope of spatial application of thecriminal law. This part is study on how to perfect the current criminal law provisionson the scope of spatial application of the criminal law and tentative drafting therelevant legal provisions, and formulates and demonstrates the draft detailed.