Comparative and Legislative Research on Legislative Framework for Universal Jurisdiction in China

Abstract

China's attitude to universal jurisdiction, which is a not world-wide accepted definition, shows a change from refuse to accept. At present, the problems of domestic relevant legislative work on universal jurisdiction is, the resource of the power is mainly based on international customary law and domestic law, the violation of the inviolability of international treaties and the violation of the principle of the legality of crimes. To meet the needs of judging international crimes, harmonizing with international criminal law and safeguarding China's national interests, China should amend Article 9 of the General Part of Criminal Law to clarify the scope of application of universal jurisdiction and create new offence in the Special Part of Criminal Law Division to translate international criminal law into domestic law.