Criminal Judgments

Nowadays, due to the continuous development of globalization, exchanges between countries are becoming increasingly frequent and convenient, with this background, foreign crimes have become increasingly prominent, and gradually become a major international menace. Transnational crimes because of its inherent complexity of features in the judicial practice more difficult to detect, and therefore the degree of concern for the crimes in various countries and regions are increasingly rising. At the same time, the issue of criminal jurisdiction has become a focus of attention of the international community widely, criminal jurisdiction conflict highlights various problems concerning the effectiveness of foreign criminal judgments will be produced.Recognition of foreign criminal judgments, namely a recognition of its effectiveness, is a form of international criminal justice cooperation among European countries after World War II rise. However, the scope of a criminal judgment is not confined to admit criminal judgments between countries, but also between the jurisdictions of a country’s international criminal judgments between criminal justice agencies and national recognition. For foreign criminal judgments, if not recognize the attitude adopted, it will bring the following problems. For example, a resident of A country in country B intentional wounding, B countries have criminal jurisdiction over the offense, its judiciary armor be charged and prosecuted crimes, sentenced and executed. The resident back after serving country A, and A crime against his country also has criminal jurisdiction, but as for A country does not recognize the effectiveness of foreign criminal judgments, the judiciary will be held in accordance with the procedures of criminal armor. A country in terms of the move whether bis in idem principle contrary to a penalty of sin Fuji, in armor, he has already been punished by law and subject to the jail, the prosecution again whether country A its violations of human rights, from this perspective, whether this is an unnecessary waste of judicial resources, above all is a question worth considering.If a country recognition of foreign criminal judgments, there will be an unavoidable problem. The Criminal law of different countries have different features, for the same offense or circumstances of the case, it is a different approach. For example, the provisions of statute of limitations, it will lead to some criminals may be exempted from punishment, while others escape the law. And in the specific recognition process has been performed in a foreign country for a penalty for what should be treated, how the contents of the legislation sentence calculation and conversion, but also must be considered. Therefore, differences in national criminal laws related to explore and propose effective measures, in recognition of criminal judgments study is essential. After the criminal judgments acknowledges that execution of criminal sentences, extradition, a series of sentenced persons and other follow-up questions would pipette emerged, the paper will also be involved in the questions above.In China, limited form of sovereignty barriers, before 1997, "Criminal Law" after the implementation of very conservative in this regard, which was open practice of criminal law is not prominent and relevant legislation. Later, with the deepening of China’s opening up, international judicial assistance in criminal activity has been continuously developing, China began with the signing of a number of countries such as the transfer of sentenced persons treaty practice conform to the development of China’s "Criminal Law" also in Article 10 of the recognition of foreign criminal judgments for the corresponding regulation. In academia, research theory also will set off a climax, this paper on this basis, through the world of criminal judgments legislative status quo is analyzed from the perspective of theory and model legislation to admit to criminal sentences were introduced, acknowledge the occasion and district criminal sentence also included in this study range of article 10 of the "criminal Law" legislative proposals from both the occasion of International and area.This article is divided into four parts, in addition to the introduction, a total of more than 30,000 words. The main contents are as follows:The first part of the criminal sentence admit overview. From the definition of criminal judgments recognized definition and scope to cut, and then analyzes the legal consequences arising recognize, and to study the differences related to the criminal justice system behind the concept itself and involved a series of sentencing, criminal and other issues come to the right this paper to explain the basis of the system.The second part, acknowledge the legislative status of criminal judgments and theoretical analysis, this part of the criminal sentence recognized the historical development are described and analyzed the legal basis of its deep-seated is the theoretical core of this paper. After analysis of the Asian countries in the world recognize the provisions of the criminal judgment proposed legislation is divided in four modes, in order to better grasp the full legislative status recognized criminal sentences, the fourth part of the proposed changes in our legislation to provide reference material and basic theory.The third part, Comparative Study of Criminal judgments recognized, based on the aforementioned classification of the criminal division of the decision to admit, on the occasion of this focuses on the area of criminal judgments acknowledges the problem of conflict between the mainland and Hong Kong, Macao and Taiwan starting from criminal jurisdiction, analyzing the three basis to admit criminal sentences for foreign judgment recognition between different jurisdictions are introduced, such as the United States, Switzerland, the United Kingdom, and the inter-district admit foreign criminal judgments were compared with the reference, for the area of criminal judgments included legislation to provide material.The fourth part, China’s "Criminal Law" Article 10 and its improvement, on the basis of the previous article discussed, combined with today’s international background, the Criminal Law Article X anatomy and comprehensive analysis and discussion of the current legislative model is reasonable, try the premise of the review of the current legislative model under the proposed legislation conversion mode with recommendations to improve the relevant legal system, discusses Hong Kong, Macao and Taiwan area and the Mainland legal recognition of criminal judgments construction, the final legislative proposals a revised criminal Law Article.