The Reasonable Application Standard Of Universal Jurisdiction In International Law

The universal jurisdiction arises from the unique international situation,and is widely concerned by the international community and academic circles in the future.The application of universal jurisdiction requires consideration not only of international law but also of other aspects besides international law.The unreasonable application of universal jurisdiction sometimes affects the international order.Affect international relations.After World War ? international crime number species increased,the universal jurisdiction problem more and more attention,many countries used universal jurisdiction against and punish international crime,it is so,some countries apply these universal jurisdiction management will not infringe national interests and domestic has no connection even the rationality of the international crime began to constantly questioned.Although applicable generally jurisdiction against and punishing the crimes questioned continuously,but there are countries still keen on the exercise of universal jurisdiction,especially after the end of the cold war,some western countries with the help of the international system change,vigorously promoting universal jurisdiction,the other people involved in the crime core launched a series of multinational trace,while caused a sensation effect,apply universal jurisdiction justified or not,whether abuse also questioned,because used universal jurisdiction breakthrough the limitation of the traditional international law,no direct jurisdiction of the crime and domestic concerns,this greatly affects international relations.It is suspected of abusing state power,interfering in the sovereignty of other countries and infringing on the internal affairs of other countries.Therefore,it is particularly important to establish the definition standard of reasonable application of universal jurisdiction in accordance with certain standards so as to avoid the abuse of universal jurisdiction.However,there is no clear definition standard for which case constitutes the abuse of universal jurisdiction,whether in the international community or in the academic circle.The innovation of this paper is to discuss the objective and clear application standard of universal jurisdiction on the basis of the existing international law,so that the universal jurisdiction can be reasonably applied.This paper mainly analyzes the universal jurisdiction from six parts.The first part mainly expounds the research status and innovation of universal jurisdiction at home and abroad.The second part mainly analyzes the concept of universal jurisdiction and summarizes the characteristics of universal jurisdiction on the basis of the understanding of universal jurisdiction in Chinese and foreign jurists and theorists.The third part mainly analyzes the theory of universal jurisdiction,universal jurisdiction with no clear standard in the international law,so often controversial when applicable,to be sure is only effective between the parties to the international convention can be granted to the national universal jurisdiction,however,the types of international crimes covered by such authorization are limited.In other cases,the legitimacy of the exercise of universal jurisdiction is mostly established by the customary international law.However,whether the customary international law can be the applicable basis of universal jurisdiction is disputed,some countries think is feasible or not,which will lead to apply universal jurisdiction,caused wide public concern in the international community.The applicable standard of universal jurisdiction can also be analyzed and judged from its basis to draw a conclusion.The fourth part mainly analyzes the relationship between general jurisdiction and criminal immunity rule.Criminal immunity including belongs to immunity,immunity,belong to the international law had immunity,the provisions of the exemption,universal jurisdiction and immunity who rules the dominant position,its applicable cannot controlled by another,but because of the international law,there is no universal jurisdiction and the relationship of the rules of criminal immunity,this leads to conflicts,if universal jurisdiction can't fight with criminal exemption rules,generating force of suppression,it applies especially when conflicts with the exemption rules will generate controversy;The fifth part analyzes the problem of applying universal jurisdiction in absentia.This part will combine the contents of part ? and part ? to comprehensively analyze the application of the defendant's absence of universal jurisdiction,and analyze whether the universal jurisdiction can be applied and whether its application is reasonable in the absence of the defendant.The sixth part starts from the above three levels,analyzes and considers the reasonable application of universal jurisdiction in a logical and progressive way from various perspectives,so as to further analyze and judge the reasonable application standard of universal jurisdiction.