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The Principle Of Territorial Jurisdiction Under International Criminal Law Background

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:H P XueFull Text:PDF
GTID:2296330482998024Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the deepening of globalization, the internationalization of criminal law is gradually promoting the formation of the world legal reaction mechanism. In order to deal with the complicated and changeable international crime, reduce international conflicts of criminal jurisdiction, countries around the world have been exploring the principles of criminal jurisdiction to make it standard and perfect constantly, and establish a specification of the criminal jurisdiction of world order. As the most basic and most important principle of criminal jurisdiction, territorial jurisdiction plays an important role in punishing criminal crimes and safeguarding national sovereignty security and international social stability. But under the situation of international crime and transnational crime are becoming acute, the place where the crime was committed is not clear, and it is difficult to define. Territorial jurisdiction principle, therefore, is bound to inject new epoch connotation to be applied.In this paper, the contents of the structure and main points are as follows:The first part is an overview of the internationalization of the criminal law. Through the analysis of manifestation, characteristics and causes of internationalization of the criminal law, proposed under the background of internationalization of criminal law of criminal jurisdiction as the superior concept in the aspects of sovereignty, should be included in the criminal legislative jurisdiction power and criminal judicial jurisdiction two subordinate concepts, and the development and perfection of the construction system of criminal jurisdiction principle.The second part is to elaborate the principle of territorial jurisdiction in the context of the internationalization of criminal law. Through discussing the sovereignty nature, the basic position and the scope of application of the territorial jurisdiction principle, to make it clear that based on the "Ubiquitous saying" theory to solve the identification of the place where the crime was committed.The third part is to discuss the specific issues related to territorial jurisdiction. Through analysis of territorial jurisdiction conflict with other countries under the jurisdiction of the main situation, put forward the solution of the relevant principles and rules. On the basis of this, solve the problem of criminal jurisdiction in the special space of network, ship and aircraft.
Keywords/Search Tags:Internationalization of criminal law, Criminal jurisdiction, The criminal jurisdiction, The principle of territoriality
PDF Full Text Request
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