A Study On The Jurisdiction Of The Intenrational Criminal Court

The International Criminal Court is the first permanent International CriminalTribunal that established in Holland.And the "Rome statute of the InternationalCriminal Court" had come into force in this year.The establishment of theInternational Criminal Court marks a significant development in the field ofinternational criminal law, had a major impact on the international society.Up to now,many countries have joined the "Rome statute".The jurisdiction of the InternationalCriminal Court is a very important aspect in the operation of the InternationalCriminal Court, and different countries have different points of view.This paperdescribes the background of the establishment of the International Criminal Court andjurisdiction.At first,discusses the basic problem of the jurisdiction of the InternationalCriminal Court,and then,Analyzed the relationship between the jurisdiction of theInternational Criminal Court and China.China participated in the drafting process of"Rome statute", and put forward a lot of suggestions.But in some coreproblems,especially the jurisdiction of the International Criminal Court,still havereservations.China did not join the International Criminal Court.Because theimportance of the International Criminal Court and many countries have joined the"Protocol".This article analysised the jurisdiction of the International Criminal Courtand the preparation of that join in the "Protocol".This paper divides into several partsto discuss.The first part is expounds the meaning and purpose of writing, and introduces theresearch results related to the jurisdiction of the International Criminal Court at homeand abroad, finally indicated the research methods and innovation.The second part discusses two basic problems of the jurisdiction of theInternational Criminal Court, one is the establishment of an international criminalcourt, the two is the legal basis of the International Criminal Court and prerequisiteThe third part discusses the starting mechanism and complementary principle of thejurisdiction of the International Criminal Court related legal attribute and the jurisdiction of the International Criminal Court.discusses the the trigger mechanism ofthe International Criminal Court,and describes the differences.Put forward anindependent investigation power of the prosecutor.At the same time, through thecomparison of several start mechanism,the model of complementarity jurisdiction canbest adapt to the the International Criminal Court.The fourth part focuses on the Four kinds of crimes under the jurisdiction of theInternational Criminal Court, respectively introduces the structure andimplementation of these four kinds of definition of crimes.The fifth part is to probe into the relationship between the China and InternationalCriminal Court.First of all, analyze the possibility to join the International CriminalCourt and the International Criminal Court for the reason China national jurisdictionrefused to China.Secondly, analyzes the legal thinking China face to the jurisdictionof the International Criminal Court.Through the research and improvement of issuesrelated to the International Criminal Court and domestic legislation, make preparationfor China’s accession to the International Criminal Court.