Research On Partition-space Offense

As a criminal form of partition offense, partition-apace offense is a special crime. Because in the theory of criminal law, there are a lot of controversy in the concept of partition-space offense, the constitution of this crime and the identification of the existence range, nobody can give a decision, so we should discuss in depth. In judicial practice, some new questions come out how to identify the venue of crime and criminal jurisdiction of partition-apace offense. At the same time, in the same or different jurisdiction, there are some new difficulties on the application of the criminal law on the partition-space offense. Overall, it is very important to punish crimes, protect human rights, safeguard national sovereignty and stabilize the international community.This paper starts with the concept of partition-space offense, which impersonally appraised all the conceptions of partition-space offense in the academe and thought that all the conceptions are unilateral or too broad on extension part. The author thinks that partition-space offense is a kind of crime that one criminal behavior is separated from another in the space or there is a place interval in the process of criminal behavior or criminal behavior is separated from the result in the space. In the discussion of the existence range on partition-space offense, the author has an opinion that partition-space offense dose not only exist in the crime which can directly lead to material results but also exists in the crime which can not directly lead to material results, such as behavioral offense, concrete potential damage offense. In addition, partition-space offense can exist in some suspended situation of the intentional crime, for example, the situation of the accomplishment or preparation or attempt of crime and the situation of the discontinuance for crime. An overview of the partition-space offense is conducive to research the venue of crime and identify the criminal jurisdiction. In theory, there is"behaviorism","consequentialism", theory of intermediate phenomena and eclecticism. The author agrees with point of the last view:eclecticism aims that criminal behavior and criminal result are the constitutive requirements of crime, both the places of behavior carried out and result happened of crime are the venues of crime.Joint crime is a special form of crime which may coincide with partition-space offense and requires a detailed analysis of the identification of different behaviors of crime or venues of crime. Moreover, cyber crime has a unique and important meaning in the research of partition-space offense. To confirm the venue of cyber crime, we must think over both the principle of territoriality, the virtual of the internet and particularity of cyber crime. The existence of the virtual space makes more possibilities in identifying the venue of crime. We should analysis some judicial practice in the cases to deal with all these possibilities. Since most behaviors of cyber crime are abstract cross-border behaviors, some new theories in identifying criminal jurisdiction except territorial jurisdiction appear. Due to these varieties theories, there is some significance to research partition-space offense. Multinational drug crimes committed isolation, need to analysis criminal behavior and criminal results elements to determine criminal jurisdiction.As long as either of behavior or result happens in the territory of a century, the criminal law of the century can be applicable. Currently, eclecticism is applied in our country and most other countries in the world because it is suits to the criminal legislation and judicial statues, and it is feasible. Because the principle of territoriality is pursued in most of countries in the world and the standards used to identify the venue of crime are similar, the conflict of criminal jurisdiction happens not by chance. The conflict of criminal jurisdiction in different jurisdictions can be divided into two kinds:Interregional conflict of the criminal law and international conflict of the criminal law, both of them can be mainly solved by judicial assistance in criminal matters.