Хуан Ю. — Territorial Application of China's Criminal Law // Legal Studies. – 2022. – № 8. – P. 69 - 74. DOI: 10.25136/2409-7136.2022.8.38507 EDN: VRWTEU URL: https://en.nbpublish.com/library_read_article.php?id=38507
Territorial Application of China's Criminal Law
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.