An Analysis Of The Obstacles And Countermeasures Of The Application Of Universal Jurisdiction In My Country

Universal jurisdiction is a type of jurisdiction that has emerged and developed with the increasing rampantness of international crime.Since the 20 th century,with the increasing trend of the internationalization and organization of international crimes,the advantages of universal jurisdiction have become increasingly apparent.The value of universal jurisdiction lies in its ability to make up for gaps in jurisdiction that exist in traditional jurisdictional principles and to prevent criminals from escaping the law.However,because the theoretical basis,institutional framework,and scope of application of universal jurisdiction are not perfect,universal jurisdiction has encountered many obstacles in the process of development.China is currently conservative in the exercise of universal jurisdiction,and there are not many cases in which it is exercised.However,the author believes that the inclusion of universal jurisdiction in its 70 th plenary session in 2018 was included in its long-term plan by the International Law Commission,which illustrates the long-term development of universal jurisdiction.China should actively assume the obligations of a great power and study the application and development of universal jurisdiction in our country.In addition to the introductory part,this article mainly expounds universal jurisdiction through four parts.The first part first explains the controversy over the definition of universal jurisdiction by academics from various factions in the international community,and on this basis proposes the author's own interpretation of universal jurisdiction.Secondly,the rise and development of universal jurisdiction are introduced in detail,with emphasis on the origin of universal jurisdiction.Thirdly,the basic classification of universal jurisdiction in the international community is introduced.The classification is used to explain the different types of universal jurisdiction caused by the inconsistent definition of universal jurisdiction.Finally,the international crimes to which universal jurisdiction is applicable are listed to indicate the scope of current application of universal jurisdiction.Through these to clarify the connotation and extension of universal jurisdiction.The second part highlights the obstacles and solutions encountered in the application of universal jurisdiction in today's international community.First,it introduces the current situation of the application of universal jurisdiction in western countries,and introduces the obstacles encountered in the application process through the current status of legislation and judicial practice.Secondly,it introduces the countermeasures adopted by Western countries in the application to alleviate the obstacles they have encountered,and summarizes the successes and failures of universal jurisdiction in Western countries.The third part expounds the application status and obstacles encountered in the development of universal jurisdiction in China.Firstly,the current situation of the development of universal jurisdiction in China is explained in detail through legislation and judicial practice.Secondly,from the perspective of China's latest revised criminal law in the past two years,review the obstacles encountered in the development of universal jurisdiction in China.The fourth part discusses China's countermeasures to the obstacles to the application of universal jurisdiction and analyzes them.Firstly,the countermeasures to solve the obstacles to the application of universal jurisdiction are listed;secondly,these countermeasures are analyzed through legislative and judicial practice,and compared with the international community's effective countermeasures,the authors point out the feasible countermeasures.