The Study On The Immunity From Criminal Jurisdiction Of Foreign Armed Forces

According to relevant information,during World War I and World War II,millions of American soldiers were deployed in thousands of regions around the world.As early as 1963,the United States had more than two thousand military installations overseas and deployed more than 400,000 American soldiers on the European continent for a long time.The complicated overseas environment has not only brought about personal security issues for foreign armed forces,but also led to a rising possibility of judicial disputes.Corresponding to the reality and urgency of the issue of immunity from criminal jurisdiction of foreign armed forces,it is insufficient research at home and abroad.Regarding the question of whether the visiting military has immunity from criminal jurisdiction,there is a lack of corresponding research and attention in China.Although there is a small amount of research literature abroad,there is not much theoretical research except for military documents and practical practices in the United States and other relevant countries.This is disproportionate to the status quo in which military exchanges are becoming more frequent,and it is not enough to provide corresponding intellectual support from the academic perspective.Therefore,in the absence of international conventions,there is an urgent need to establish a research system on relevant legal issues to provide solid support and protection for the security and criminal justice rights of foreign armed forces with a sound theory.From the perspective of international law,after clarifying the relevant concepts and connotations,this article uses theoretical analysis,value analysis,comparative analysis,and empirical analysis and other legal analysis methods to sort out and explore the legal basis,general normative basis and general norms for visiting military personnel ’s criminal jurisdiction immunity The actual applicable qualifications are divided into four parts.The first part mainly clarifies the concepts and connotations related to the criminal jurisdiction immunity of foreign armed forces,explains the reason how the author translates the concept of "foreign armed forces",and studies and clarifies the connotation of foreign armed forces The connotation of criminal jurisdiction in this paper and the types of subjects who are exempted from visiting criminals’ criminal jurisdiction.In the second part,the author attempts to explore the existing types of legal basis for visiting military criminal immunity,and conducts a legal analysis of various types of legal basis.The legal basis for the immunity of criminal jurisdiction of foreign armed forces includes: the provisions of the agreements between various countries concerning the criminal jurisdiction of foreign armed forces,the agreement on the status of troops,the domestic law of the receiving country and the jurisprudence of the court of the receiving country.After analyzing the legal basis of the criminal jurisdiction immunity of foreign armed forces,the author draws the following conclusions: The legal basis of criminal jurisdiction immunity of foreign armed forces does not constitute a general norm,and there is a big difference in its legal practice,which does not constitute a consistent practice,that is,an international custom.The third part discusses the general normative basis of the criminal jurisdiction immunity of foreign armed forces based on the existing theory and theory of international law,including the theoretical explanation based on the extraterritorial legal power and concession theory,as well as the legal basis and theory of the foreign criminal jurisdiction immunity system applicable to state officials basis.Although the extraterritorial law and concession theory provides a certain theoretical basis for visiting military criminal immunity,it also exists in legal practice,but because of the lag between these two theories and the contradiction of modern sovereignty concepts,it is difficult to generalize and apply.Through the definition of general officials and the definition of official behavior,the author finds that the interpretation of the foreign criminal jurisdiction immunity system of state officials for visiting military personnel is reasonable and feasible.It can also be found in practice that there are precedents for the application of the system of immunity of foreign criminal jurisdiction of officials of these countries to regulate the criminal jurisdiction of foreign armed forces,which has a practical basis.The fourth part briefly discusses the three qualifications of the criminal jurisdiction immunity of foreign armed forces,including: the spatial scope of the criminal behavior,the time scope of the criminal behavior and the exceptions for specific people or property.These three kinds of qualifications are derived from the legal practice of accessing military criminal immunity,and the three are not completely parallel.In practice,there are no restrictions that must be applied at the same time or only one.The value of this article is to systematically sort out and explore the legal basis and general normative basis of the criminal immunity of visiting military personnel,so as to provide legal support and protection of rights and interests for our military personnel to go abroad to participate in various military operations overseas.