| Belongs to the personal jurisdiction of China’s criminal law, it is to point to thecountry of nationality-based crime outside the territory of the implementation of thelaw applicable to the citizens of our criminal law to pursue criminal powers. Tobelong to the personal jurisdiction of the criminal law of PRC with unlimited personaljurisdiction, delete in79criminal law about the kind of crime belongs to the personaljurisdiction, the principle of "double crime" and so on limit, makes our countrycriminal law belongs to the people greatly expand the scope of jurisdiction.With the increasingly frequent international exchanges, our citizens to go abroadto a sharp increase in the number of opportunities and dramatically increased thenumber of crimes in foreign countries. Due to various reasons, the crime wascommitted criminal acts are often not timely accountability, thus expanding the scopeof personal jurisdiction favorable to some extent a better punishment for a crime.However, the exercise of personal jurisdiction continues to frequent, which is boundto result in the territorial jurisdiction of the country of the perpetrators of crime to thepersonal jurisdiction of the country ’s conflict. Therefore, how to ensure that ourcriminal jurisdiction on the basis of effective coordination due to the expansion ofpersonal jurisdiction issues and conflicts brought about has become the practice ofcriminal law theory and justice must face the problem. This article mainly belong to personal jurisdiction stipulated by revealing China’s present criminal law, reflects theproblems in difference and conflict from the conviction and sentencing, repeatedevaluation by three aspects to our country criminal law belongs to the personaljurisdiction is analyzed, put forward "a fundamental, three specific" correspondingcoordination suggestion. Among them,"a fundamental" means a reasonable narrowbelong to the scope of jurisdiction,"three specific" refers to the increasingrespectively the application of the principle of "double crime", attach importance tothe reference of foreign criminal law, expanding the scope of extraterritorialrecognition of judgments.In addition to the Introduction and Conclusion, the paper is divided into threeparts:The first part mainly belong to personal jurisdiction overview. Specific consistsof three parts, the first part is to define the basis of personal jurisdiction, thesubordinate personal jurisdiction the historical origin and development, theoreticalbasis, scope three aspects to expand it; Belong to personal jurisdiction in the secondpart introduces the criminal law provisions, divided into unlimited belong to personaljurisdiction and limited personal jurisdiction, and summarize the development trendof the world in terms of the personal jurisdiction of the criminal law; The third partmainly introduces the regulation of our country criminal law belongs to the personaljurisdiction, and focus on reveals provisions reflect problems in order to analyze andexpound below summarized the central issue.The second part mainly to analyze the contradictions of reality and thinking ofthe Criminal Law of the existence of personal jurisdiction. Specific to the currentbelong to personal jurisdiction system under the criterion for the conviction of conflictbecomes increasingly visible, differences widening and the increasingly prominentphenomenon of repeat evaluation of criminal law three problems are analyzed,respectively from the realistic performance of the above problems, causes andnegative effects perspective to think about our country’s present belongs to thepersonal jurisdiction system is incorrect.The third part mainly in the second chapter analysis and thinking, put forwardthe corresponding coordination. For convicted conflict becomes increasingly obviousproblems, may be increased by properly the application of the principle of "double crime" to ease; Aimed at the problem of widening variance in sentencing, can attachimportance to the way of the reference of foreign criminal law coordination;According to criminal law repeat evaluation phenomenon is more prominent problem,can be solved by recognizing the extraterritorial scope of the expansion of scientificjudgment. Finally, I also had the personal jurisdiction of the root causes of theexistence of a series of issues-the use of unlimited personal jurisdiction elaborate,propose to fundamentally ease the contradiction between the personal jurisdiction ofthe case, there should be appropriate to limit the use of personal jurisdiction andnarrow the scope of our criminal law is personal jurisdiction. |
