'Territorial Application of China's Criminal Law' nbpublish.com
Eng Cn Translate this page:
Please select your language to translate the article


You can just close the window to don't translate
Library
Your profile

Back to contents

Legal Studies
Reference:

Territorial Application of China's Criminal Law

Khuan Yusin

PhD in Law

Postgraduate Student, Department of Criminal Law, Baikal State University

664003, Russia, Irkutskaya oblast', g. G. Irkutsk, ul. Baikal'skaya, 11, of. g. Irkutsk, ul. Baikal'skaya, d. 346, kv. 67

yuxinghuang1@gmail.com

DOI:

10.25136/2409-7136.2022.8.38507

EDN:

VRWTEU

Review date:

25-07-2022


Publish date:

03-09-2022


Abstract: The article is devoted to the problems of territorial operation of the criminal law in China. The factors that actualize interest in the issues highlighted in the article are disclosed. The presented paper gives a general description of the principle of "the territorial operation of criminal law", and also examines its individual provisions on the example of China. The principle of "the operation of criminal law in space" exists in Chinese and Russian criminal legislation. We are talking about its application in a certain territory and in relation to persons who have committed a crime. When countries were sufficiently isolated from the other world, the criminal law mainly regulated the solution of criminal problems of citizens within the clear boundaries of the territory within the country. However, with the opening of borders and the increase in international exchanges, which are becoming closer and closer, citizens of both countries sometimes commit crimes, and more and more conflicts arise according to the law of which state they should be prosecuted. Consequently, there is a need to consider the problems of determining which criminal law was in effect in relation to a foreign citizen or a stateless person who committed a crime related to the movement in space (people, goods) from one country to another. Consideration of these issues seems relevant in a changing world. In conclusion, it is noted that the operation of the criminal law in space, taking the territory as a criterion, applies to all crimes committed on the territory of the country.


Keywords:

Globalization of the modern world, criminal law, territorial principle, space, criminal, the effect of criminal law, criminal jurisdiction, right, Chinese criminal law, law

This article is automatically translated. You can find original text of the article here.


References
1.
Gao Mingxuan. Criminal law. Beijing, 2002.-243 p.
2.
Damaskin O. V. Current state and development of the criminal law of the People's Republic of China / O. V. Damaskin, I. V. Kholikov // Proceedings of the Institute of State and Law of the Russian Academy of Sciences.-2018.-No. 3.-S. 156-180.
3.
Korobeev A.I., Long Changhai. Composition of a crime in the doctrine of criminal law in China and Russia: a comparative study. M., 2013.-184 p.
4.
Lun Changhai, Korobeev A.I., Chuchaev A.I. The Criminal Code of the People's Republic of China: improvement in the process of implementation (on the 20th anniversary of its adoption) // Lex Russica.-2018.-No. 3.-P. 128142.
5.
Makaseeva A. A. The real principle of the spatial effect of the criminal law: a comparative legal analysis of the criminal legislation of the CIS countries / A. A. Makaseeva // Problems of law.-2016.-No. 1.-S. 172−176.
6.
Pan Dongmei. New trends in the development of criminal law in modern China: a review of changes in Chinese criminal law / Pang Dongmei // All-Russian Journal of Criminology.-2021.-No. 1.-P. 115123.
7.
Panov, V.P. International criminal law: textbook / V.P. Panov.-M. : Infra-M, 1997.-320 p.
8.
Troshchinsky P.V. Legal system of the People's Republic of China: formation, development and characteristic features / P.V. Troshchinsky // Bulletin of the O.E. Kutafin (MSUA).-2015.-No. 5 (9). P. 99117.
9.
The Criminal Code of China: a collection of documents / ed. A. I. Korobeeva.-M. : Contract, NIC INFRA-M, 2017.-256 p.
10.
Huang Yu. The principle of action of the criminal law in space, Bulletin of the Altai Academy of Economics and Law. 2022. No. 4-2. pp. 265268.
11.
Qu Xueu Crime on the Internet and its deterrence / Qu Xueu // Journal of legal studies.-No. 4.-2000.-S. 7-12