Research On The Basic Problems Of Universal Jurisdiction Applied In China

Universal jurisdiction,as a kind of criminal jurisdiction,has the function and value of safeguarding the common interests of mankind,ending impunity and implementing rebellion and retaliation.At present,with the increase in the types of international crimes,universal jurisdiction has been widely applied in both domestic courts and the International Criminal Court.In particular,at the 70 th UN General Assembly in 2018,the International Law Commission included the issue of “universal criminal jurisdiction” in its long-term work plan and began “compilation and gradual development” to provide guidance for the state to exercise universal jurisdiction.Our country has encountered many problems in the application of universal jurisdiction,unable to realize the value and function of universal jurisdiction,and unable to maintain the positive image of our country in the process of international rule of law.Therefore,under the guidance of the theory of universal jurisdiction,this paper studies the basic issues of the application of universal jurisdiction in China based on the practice of extraterritorial practice,and proposes perfect suggestions for these problems in order to provide a rationale for the reconstruction of the universal jurisdiction system in China.Reference on.The first part mainly summarizes the connotation of universal jurisdiction and the necessity of establishing it in China.Under the guidance of the deep theory of universal jurisdiction,the three characteristics of universal jurisdiction are summarized according to the defining elements of universal jurisdiction and their nature: the limited scope of the applicable object,the uniqueness of the related factors,and the international judicial assistance.Great dependence.On this basis,it is pointed out that the establishment of universal jurisdiction in our country is conducive to safeguarding the common interests of mankind,keeping pace with China's future development process,and promoting China's active implementation of relevant international legal obligations.The second part analyzes the practical characteristics of the International Criminal Court and countries,especially the practice of Belgium and Spain,by examining the extraterritorial practice of universal jurisdiction,in order to provide reference and enlightenment for China.The third part mainly studies the basic problems of universal jurisdiction in China.By analyzing the practice of universal jurisdiction in China's criminal substantive law and criminal procedure law,there are mainly the following major problems: the Constitution does not clearly stipulate the relationship between international criminal treaties and domestic law,and the domestic law applicable to universal jurisdiction is based on the Criminal Law.The deficiencies in Article 9 and related international crimes are not truly "criminalized" in the country,the absence of relevant principles in the Criminal Procedure Law,and the absence of relevant principles and supporting procedures in the Criminal Procedure Law,etc..The fourth part mainly proposes perfect suggestions for the basic problems in the third part.First of all,we must change our previous conservative attitudes and clarify our position on international law.Secondly,at the legal level,it is necessary to improve the relevant provisions of the Constitution and improve the relevant provisions on criminal substantive law and procedural law.