On Universal Jurisdiction In International Law

With the continuous increase of human social interactions and the in-depth exchanges between countries in economic and cultural fields and the continuous development of information technology,the development trend of transnational crime has also intensified.Jurisdiction is divided into territorial jurisdiction,personal jurisdiction,protective jurisdiction and universal jurisdiction in the general theory of international law.Among them,in the aspect of combating and severely punishing international crimes,the universal jurisdiction of international criminals plays an irreplaceable role in judicial practice and is an important principle for promoting the development of international law in recent years.In order to better combat and punish international crimes in order to stabilize the order of the international community and the domestic society,more and more countries have begun to apply universal jurisdiction.Although there is no direct relationship between the crimes targeted by universal jurisdiction and the national interests of a country,it has a major impact on the stability of the international social order and the interests of other countries.However,in practice,the application of universal jurisdiction faces various obstacles and is the most controversial power in all extraterritorial jurisdictions,making it unable to fully play its due role in punishing international crimes.Therefore,how to better apply universal jurisdiction is extremely important.Before that,we should first understand the basic meaning of universal jurisdiction,and then analyze the obstacles encountered in the exercise of universal jurisdiction,and then find solutions to these problems.In addition to the introduction,this article mainly elaborates on universal jurisdiction from four parts.The first part focuses on the concept and characteristics of universal jurisdiction.Universal jurisdiction is the most controversial of all types of criminal jurisdiction today.In terms of how to understand the principle of universal jurisdiction,there is controversy in the theoretical circles of Chinese and foreign legal scholars.Therefore,in this part,the author summarizes the clear concept of universal jurisdiction by analyzing and comparing the understanding of scholars about universal jurisdiction.The second part focuses on the theoretical basis of universal jurisdiction and itsdevelopment in Western European countries.The ideological origin of universal jurisdiction can be described as far-reaching.It has gone through the evolution from doctrine to customary law to agreement law.To thoroughly explore the problems brought about by universal jurisdiction,we need to understand what its theoretical basis is.Secondly,in the legislative and judicial practice,Western European countries have rich experience in the study of universal jurisdiction.Spain and Belgium have relatively complete legislation and some typical cases in the study of universal jurisdiction;Germany The United Kingdom has also enacted specific legislation on universal jurisdiction.However,because of differences in the legislative system between countries,the international community has not been able to form a unified system to solve the obstacles encountered in the exercise of universal jurisdiction.Therefore,the author will list some domestic legislation on universal jurisdiction,which will serve as a reference for China to improve the provisions of universal jurisdiction.The third part focuses on practical cases as an entry point to analyze the problems brought about by the application of universal jurisdiction and how to solve them,such as the conflict between universal jurisdiction and diplomatic privileges and immunities.The universal jurisdiction is mainly aimed at serious International crimes,and it is the content of international criminal law,while diplomatic privileges and immunities are mainly based on the equality of state sovereignty to give preferential treatment to the diplomatic representatives of the other side.On the surface,it seems that the two have their own fields,but in reality The relationship between the two is getting closer and closer.With the development of universal jurisdiction,diplomatic privileges and immunities have been greatly affected.The last part focuses on the provisions and improvements of our country on universal jurisdiction.The increase in international crime has had a certain impact on the stability of the international social order.As a responsible big country and one of the permanent members of the UN Security Council,China plays a very important role in maintaining the stability and peace of the international social order.However,regarding the provisions of universal jurisdiction,there are still defects and deficiencies in our domestic legislation.In order to better exercise universal jurisdiction,combat international crime,and maintain international order,China needs to improve and improve the relevant legal system.At the same time,in thispart also put forward their own suggestions for these issues.