普遍管辖原则分析.pdfVIP

Abstract The universal jurisdiction as a criminal principle , has gradually attained people’s focus and more and more application in judicial practice. But experts disagree on the research of the universal jurisdiction, most scholars tend to believe that the universal jurisdiction as one of international criminal law principles, did not has a direct relationships with the domestic criminal law and only can be applied to international crimes. This essay is trying to establish this viewpoint,that the universal jurisdiction is indeed one of the domestic criminal law principles with the argumentation of the basis and application object, also organize the legislation circumstance and application conditions , on the basis of using the beneficial experience of other countries for reference ,suggest some legislation advices to perfect our countries’ common jurisdiction principle. This essay includes introduction and concluding ，through 3 parts to discuss the relevant questions of common jurisdiction principle. The first part is mainly developing from 4 aspects. First, give a brief account of historical development of the universal jurisdiction, make clear the enlightenment and start of the universal jurisdiction. Second , understanding the concept of the universal jurisdiction, start from the present definition ,then come to the definition of this essay, at the same time, put forward that, the universal jurisdiction is derived from the national sovereignty , comparison with the common jurisdiction power , “aut dedere aut judicare” and so on relevant concepts to deepen the understanding of the universal jurisdiction.Third , from four aspects to interpret the character of the universal jurisdiction, understand the domestic criminal law quality of the universal jurisdiction, also m