Study On Judicial Applicability Of Criminal Law Norms In International Treaties

The application of criminal law norms in international treaties is a hot issue in both domestic criminal law and international criminal law.However,this kind of discussion only stays on the evaluation of the advantages and disadvantages of the international treaty in the applicable model and the simple legislative proposal.However,the question of whether the criminal law norms in the international treaty itself have the judicial applicability is always simply negated or ignored.Therefore,after clarifying the concept of criminal law norms in international treaties,this paper analyzes the legislative and judicial predicament caused by the lack of judicial applicability in international treaties,and theoretically discusses the judicial applicability of criminal law in international treaties.The necessity and feasibility of the paper proposes a path to the judicial applicability of criminal law in international treaties,with a view to perfecting our criminal law system and ensuring that China actively fulfills its international obligations to protect the security and development of the international community.In addition to the introduction and conclusion,this article will explore the judicial suitability of criminal law in international treaties in four parts:The first part,"Overview of the Criminal Law Regulations in International Treaties",clarifies the definition and characteristics of criminal law norms in international treaties,and at the same time makes a basic definition of the concept of judicial applicability,and further discusses the judicial applicability of criminal law in international treaties.The significance of the research.Among them,through the two perspectives of connotation and extension,it is clear that the "criminal law norms in international treaties" refers to: the international society has some binding laws that provide for international crime and criminal responsibility for the purpose of safeguarding world peace and security and the common interests of all countries.It puts forward two fundamental characteristics of the "treaty" and "criminality" of criminal law in international treaties.t the same time,it is clear that “judicial applicability” refers to: the nature and function of legal norms that can directly guide judicial personnel to carry out specific judicial practice activities,and at the same time indicate the objective status quo of criminal law norms in international treaties that lack judicial applicability in China.Through the analysis of different dimensions from international and domestic as well as theoretical practice,this paper puts forward the important research significance of criminal norms in the international treaty.The second part is "the real dilemma of the lack of judicial applicability in the criminal law in international treaties",which are three major problems caused by the lack of judicial applicability: first,the issue of the convergence of domestic and international legislation,which includes the unclear provisions on the nature of validity,the gaps in the basic principles of application,and the absence of specific international crimes;second,the problems that the judicial practice needs cannot be met,including the performance obligations at the international level and the positive and negative sentencing at the domestic level;third,the lack of specific legal basis for universal jurisdiction leads to a gap in the relevant criminal law system.The third part is the theoretical basis for the construction of judicial applicability in criminal law in international treaties,on which the judicial applicability of criminal law in international treaties is established,specifically including four sections: the principle of treaty observance,the principle of international sovereignty independence,the principle of legality and the principle of unified coordination of criminal law legislation.Among them,the principle of treaty observance and principle of international sovereignty independence provide support for the construction of judicial applicability from different aspects.In addition,the principle of legality and the principle of unifies coordination of criminal law legislation give instruction for us to build up the judicial applicability.The fourth part is to construct the path of judicial application of criminal law in international treaties.It is mainly divided into the following three parts: the choice of mode,change of criminal legislation,and specific design of the system.Specifically,by comparing the two models of international treaties that are common in the world,and combining the analysis of China’s current application model,it is proposed that the existing "transformation model" should be amended in the process of granting judicial applicability.Due to the singularity and drawbacks of China’s current criminal legislation,after analyzing the feasibility,the special criminal law on international crimes is proposed as a new type of legislation,and further legislative design is carried out from the framework and content level.Thus,it is hopeful that the special criminal law can be effective and useful in the judicial practice.