Classification
Theoretical country jurisdiction is:
1. Domain jurisdiction and domain jurisdiction,
two, governing people For the jurisdiction, the jurisdiction of the matter, the jurisdiction, the jurisdiction, the judicial jurisdiction, the administrative jurisdiction, the governor, the governance, the jurisdiction, the general jurisdiction
a. Territory jurisdiction. The territory is subject to the territory and resource jurisdiction; in the territory, the territory, things, things are governed
b. A person's jurisdiction. Specific items
C, including ships, aircraft, spacecraft, etc. Protective jurisdiction.
Two conditions: 1 Foreigners infringed on the territorial behavior of the country or their citizens, which constitutes a certain penalty or more crimes or provisions of the criminal law. 2 This behavior constitutes the jurisdiction of the punishment of punishment in accordance with the behavior law.
two ways: 1 Behavior enters the victim to arrest and jurisdiction according to law. 2 The jurisdiction of the defendant country is achieved through the extradition of actors between countries.
d. Universal jurisdiction. The crime of war, destroying peace, violates humanity, the crime of piracy
, including: extinction of race, selling drugs, racial isolation, implementing torture, hijacking aircraft and other crimes.
Conflict solves
a. A variety of jurisdictions are used in various jurisdictions in domestic legislation to formulate conflicts applicable rules
B. Through the multilateral international conventions, a conflict between the State Party or coordinated jurisdiction, including the establishment of the relevant national exclusive jurisdiction.
c. Adjustments between countries concerned.
Sovereign Exemption
a. National sovereignty exemption:
The country's behavior and its property or is affected by other countries, including the exemption of other countries' judicians, administration, legislation. "
Usually exempted judicial Exemption in the sense.
b. National exemption is given up. The state can voluntarily accept the jurisdiction of the foreign court or not act, and accept the jurisdiction of the foreign courts or some kind of behavior.
Abandoned the way:
1, written documentation is given abandoned.
2, active behavior is given abandon, such as the state to participate in lawsuits.
3, the abandonment of the exemption is carried out, and the national awareness of "expressing the abandonment" is also required.
Limit exemption is not imposed by business behavior itself does not mean the abandonment of immunity. The abandonment of the jurisdiction is not intended to give up the exemption of the exemption
Jurisdiction
, national jurisdiction includes the following four aspects:
field Jurisdiction
is also known as the jurisdiction.
refers to the incident of people or incidents within the area they belong to, in addition to the foreign privileges and exemptions of the international law, it is authorized to be judged in accordance with the national law.
nationality jurisdiction
is also known as a person jurisdiction.
refers to the right to jurisdiction to people with national nationality, regardless of their lives in China or abroad. In practice, countries generally use the principles of criminal nationality, namely, if the criminal is a national citizen, the country has the right to implement jurisdiction.
Protection governing
International Law admitted that in order to protect the major interests of a country and its citizens, the state has the right to jurisdiction on certain crimes committed by foreigners in the field of the country. . The scope of protective jurisdiction is generally recognized by countries around the world. Article 6 of the Criminal Law of the People's Republic of China stipulates: "Foreigners are criminalized to the People's Republic of China outside the people of the People's Republic of China, but the minimum sentences provisions in this Law are sentenced to this law; However, according to the law of the law is not punished, "this is a protective jurisdiction.
Universal jurisdiction
According to international law, for some specific international crimes, due to its general harm to international peace and security, the criminal behavior occurs Where and criminals have nationalities, all countries have the right to jurisdiction on their crimes. For example, war criminals, pirates, trafficking slaves and drugs, aerobics, etc., all belong to the scope of universal jurisdiction recognized by the International Law. Among the four national jurisdictions, it is based on the regional jurisdiction and nationality jurisdiction, and the protection jurisdiction and universal jurisdiction have only auxiliary nature.
Jurisdiction
The country's exercise jurisdiction has the following restrictions: (1) Foreign countries and their property, foreign diplomatic and consular officials, international organizations and their staff, according to international law Enjoy judicial exemptions; (2) If the country does not send agents to the country to arrest people, seize property or engage in any government behavior; (3) is limited by international practice, such as allowing foreign ships to pass; (4) ) The restrictions on international treaties that are concluded or joined in this country. National jurisdictions often have conflicts due to different jurisdictions of countries and special domestic legislation (such as the "long arm jurisdiction" boycotched by many countries); the number of multinational companies in the war and the scope of international economic interaction The expansion makes this conflict more sharply, and the international community needs to be resolved through a variety of ways.