Criminal Jurisdiction in International Law, and the Criminal Law of the People's Republic of China

被引:0
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作者
林欣
机构
[1] Law Institute of the Chinese Academy of Social Sciences
[2] editorial board of Chinese Yearbook of International Law
关键词
and the Criminal Law of the People’s Republic of China; Criminal Jurisdiction in International Law;
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摘要
examines, the principles of international law adopted by the People’s Republic of China affecting criminal jurisdiction: the principle of territoriality (including subjec- tive and objective territorial jurisdiction), the principle of nationality for both the defendant and the victim, and the principle of security. Lin looks at the exercise of concurrent jurisdiction which takes into consideration the particularities of criminal jurisdiction and, at the same time, the existence of double jeopardy, regarding the verdict and punishment imposed by a foreign court as a mitigating factor, if not as a complete defense. A new principle of international law concerning criminal jurisdiction, that is, the permanent residence or business premises principle, should be considered, says Lin.
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页码:155 / 166 +238+7-8
页数:15
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