The scope of validity of criminal law, six

The scope of validity of criminal law, the scope of application of criminal law, criminal law, what is in the region of what and in what time have effect.

(a) the space of validity of criminal law

   The concept and principles of criminal law of 1 space effect

   The validity of criminal law, criminal law, the scope of region, is the effect of criminal law and of the region. In different countries in solving criminal jurisdiction issues doctrine. To sum up, there are the following:

(1) the principle of territoriality, or known as the territorial principle, namely, to the region as the standard, all in the domestic field of crime, whether locals or foreigners, are applicable to national criminal law; on the contrary, in the domestic field of crime, are not applicable to domestic criminal law.

(2) the principle of the person, or the principle of nationality, the nationality as the standard, all their crimes, whether in their areas and in their own fields, all applicable national criminal law.

(3) protection principle, or the principle of self-defence, namely, to protect their own interests as the standard, where the interests of their own country or citizens, regardless of whether the offender is a national or a foreigner, whether committed in its territory or in their own fields, apply their criminal law.

(4) general principles, or cosmopolitanism, namely to protect the common interests of international society as the standard, the common interests of the international community who have violated international treaties stipulated crime, regardless of the criminals are nationals or foreigners, regardless of the crime in their areas also is in their own fields, all applicable national criminal law.

   Now the vast majority of countries have adopted the criminal law is based on the principle of territoriality, and by other principles. Effect of China's criminal law provisions about space, take the same criminal jurisdiction system.

   2 of China's criminal law of territorial jurisdiction

   The territorial jurisdiction of the criminal law in essence is playing in China in the field of the criminal law of our country problem. According to China's "criminal law" the sixth paragraph first: "anyone who commits a crime within the people's Republic of China, with the exception of the law has special provisions, the law is applicable to." To correctly understand the provisions of the law, should grasp the following contents:

   First, about "the people's Republic of China", means the people's Republic of China in all areas, including the territory, territorial waters and airspace. This is a region of space of China's national sovereignty and of the, i.e. within the Chinese frontier region of space. Specific include:

(1) the territorial land, is within the borders of China's land territory and its underground layer, is the main and basic part of the territory.

(2) territorial waters, in land borders or boundaries and land adjacent waters. Water is divided into internal waters and territorial sea. Part of a lake, river, sea water includes water and circles. Territorial waters, China is 12 nautical miles.

(3) is the upper space airspace, territorial land and waters of.

   Second, about the "law" mainly refers to:

(1) "criminal law" article eleventh of "criminal liability of foreigners who enjoy diplomatic privileges and immunities shall resolve," through diplomatic channels;

(2) "criminal law" article ninetieth of the "not all national autonomous areas shall apply the provisions of this law, can formulate adaptive or supplementary provisions provisions";

(3) after the implement of the criminal law, special provisions of special criminal law enacted by the legislature of the state;

(4) exception SAR made.

   In addition, China's "criminal law" the sixth paragraph second: "anyone who commits a crime in the people's Republic of China, a ship or aircraft, this law is also applicable to." Regardless of the ship or aircraft where, where the crime in the ship or aircraft, China enjoys a criminal jurisdiction.

   At the same time, the third of China's "criminal law" in the "sixth on the territory of the people's Republic" crime standard, made clear, namely, "criminal act or consequence takes place within the people's Republic of China, is considered a crime in the territory of the people's Republic of china". This is called "behavior, the result that alternative".

   3 of China's criminal law of personal jurisdiction

   All of our citizens, even in foreign countries, is still under the protection of the law, our country at the same time, when they have committed a crime in foreign countries, in principle should also apply the criminal law of our country. China's "criminal law" the seventh paragraph first: "citizens of the people's Republic of China commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method. But according to this Law prescribes a maximum punishment of 3 years in prison, may not be dealt with." The provisions of paragraph second: PRC state personnel and military personnel who commit the crimes specified in this law field outside the people's Republic of China, the applicability of this method." Thus:

(1) according to China's "criminal law" the seventh paragraph first, our country citizen crime in China outside the field, regardless of local laws Is it right? That crime, or make is what crime and gradation of crimes, regardless of the crime is a violation of any country or any interest in the interests of citizens on principle, application of our criminal law. But the criminal law the maximum punishment of 3 years in prison, may not be dealt with.

   (2) according to the second paragraph of this article of China's "criminal law" the seventh, for the personnel of state organs and the soldiers, they made in China in the field of crime even if the maximum statutory penalty of 3 years in prison, but also to investigate the criminal responsibility according to the criminal law of our country.

   At the same time, according to the provisions of China's "criminal law" in article tenth, the citizens of our country criminal field in China and abroad, according to our country criminal law shall bear criminal responsibility, although after foreign judgment, still can be in accordance with the provisions of the criminal law of our country. However, in foreign countries have received criminal punishment, can be avoided or mitigated punishment. This shows, our country as a stand on one's own sovereign state, the criminal jurisdiction from foreign judicial validity constraints.

   The protection of the 4 criminal jurisdiction

   China's "criminal law" the eighth stipulation: foreigners in the territory of the people's Republic of the people's Republic of China national or civic crimes, and punishable according to the provisions of this Law for more than 3 years in prison, this law may be applicable. But according to the criminal law is not punishable.

   China's "criminal law" the provisions of article eighth, foreigners in China in the field of crime, must meet the following conditions:

(1) a violation of national interests or the interests of the citizens of our country, in accordance with the provisions of the criminal law of our country have constituted a crime;

(2) the crime according to the minimum statutory penalty stipulated in the criminal law of China for more than 3 years in prison;

(3) in accordance with the law the crime, this crime should be punished.

   Universal jurisdiction over 5 of China's criminal law

   China's "criminal law" the ninth stipulation: "the provisions of the international treaties concluded or acceded to by the people's Republic of China of the crime, the people's Republic of China in the scope of the treaty obligations to exercise criminal jurisdiction, apply the provisions of this law." According to this provision, the exercise of universal jurisdiction in our country, must have the following conditions:

(1) the prosecution of crime is stipulated in international treaties concluded with China and participate in the international crime.

(2) the prosecution of crime is the our country within the scope of its treaty obligations.

(3) the prosecution of crime occurred in China in the field of foreign.

(4) the criminals are foreigners including stateless persons.

(5) for the prosecution of crime, the criminal law of our country has stipulated the.

(6) the offender is in China in the field of residential or enter our field.

   (two) the time validity of criminal law

   Time effect of criminal law, the criminal law is from when to act, when to lose their effectiveness, and before the entry into effect of crime is.

   1 criminal law in force at that time

   The criminal law in force in one of two ways: (1) from the day of announcement effect; (2) effective after a certain date for a period of time after the publication of.

   2 criminal law failure time

   Criminal law failure in three cases; (1) abolished the failure; (2) other laws instead of failure; (3) modified failure.

   Retroactivity of criminal law 3

   On the settlement of the retroactivity of criminal law principle, all the countries in the world to solve the retroactivity of criminal law, the principle has mainly from the new principle, from the old principle, principle of design, the new laws and light punishment principle, the doctrine of.

   Provisions concerning the retroactivity of criminal law in China of 4

   China's use of the old and mitigating the principle, its main contents are:

(1) prior to the amendment of criminal law is not deemed a crime, and criminal law as a crime, can only apply to a revised front law.

(2) before the revision of criminal law as a crime, criminal law is also considered a crime, and in accordance with the criminal law shall be prosecuted in criminal law, is not considered a crime or other penal lighter, used prior to the amendment of criminal law.

(3) before the revision of criminal law as a crime, the criminal law is not considered a crime or imposes a lighter punishment, criminal law have retroactive effect.

(4) the criminal law before the implementation, in accordance with the revised criminal law have been made before the effective judgment, continue to be effective.