The Research On International Criminal Responsibility Subujects

With the gradual increase in the activities of international criminal justice, theoreticalresearch scholars from various countries of the international criminal law is also deepening. Inorder to meet the objective requirements of the development of international criminal law,international criminal law scholars from various countries conducted extensive, in-depthresearch. Development of international criminal law scholars have begun to pay attention tomake international criminal bearers-the subject of international criminal responsibility. Anylegal system has a responsibility system, international criminal law is no exception.Currently, the concept of international criminal law, international law scholars have yet toform a consensus formulation, which is due to the late start of the study of internationalcriminal law, the study of history is relatively short, and the scope of the study among scholarsof international criminal law is benevolent see benevolence and the wise see wisdom, and evenwhether to become an independent international criminal law subjects are still no unifiedopinion. However, the current situation of international criminal law function, value, legalsources, the core content, has gained a recognized scholars. Because of international criminallaw has its unique attributes, I believe in the development process of judicial practice, thetheoretical research scholars gradual deepening of the status of international law, internationalcriminal law as an independent discipline will be recognized. Responsibility on the traditionalsubjects of international law is primarily a national, but with the development of society, thetheory of international law forward, before the point of view has been overthrown, for thepurposes of the current law, individuals can also become a subject of international crime.Therefore, this paper discusses the subject of individual criminal responsibility as aninternational point of view. Similar with the national body (group or organization), the sameas an abstract entity, whether it can become the subject of an international criminalresponsibility of it? If so, how can bear the responsibility? This article will give a detailedaccount in the body part.This paper is divided into five chapters altogether.The first chapter introduces the background and origin of the title of this article, thesignificance of the topic, purpose, current research, research methods and innovations.The second chapter, said none of the international criminal responsibility, including theconcept of international criminal responsibility, international criminal characteristics, featuresthree main aspects to describe. From the legal practice and demonstrate the feasibility of up international criminal responsibility of the State. Then introduce the concept of internationalcriminal subject, the nature and scope, I believe that its scope includes national, legal (groupsor organizations) and individuals.The third chapter is primarily concerned with the national criminal problem. Nationalcriminal, academia into affirmative and negative to say two theories say that, after analyzingthe two theories, I come to your own opinion, agreeing definitely say that the country couldbecome the subject of an international criminal. Since the country can become a subject ofinternational criminal responsibility, then following the introduction of the nationalcommitment to the responsibility of ways, including fines, restrictions sovereignty, to restorethe status quo and the four aspects of economic sanctions.The fourth chapter introduces the problem of international criminal responsibility ofindividuals. Individual criminal responsibility, countries have provisions in their domestic law,civil law and state common law there may be different, but not very different. Traditionaltheory as a subject of international law on the denial of individual international law, and assuch, the Nuremberg trials after World War II and the Tokyo trial, defense lawyers also haveused this view to justify the defendant. Individual criminal responsibility to grasp from fiveaspects. The first part introduces the theory of individual criminal responsibility, according tothe author to make a brief analysis of the doctrine. Followed by the introduction of the principleof individual criminal responsibility of international commitments, including the principle oflegality, the principle of superior orders is not exemption, the principle of superior responsibilityand the principles of international criminal depoliticize these four aspects.Chapter V focuses on the body (groups or organizations) as an international criminal bodyproblem. As for the legal dispute whether the subject of criminal and international criminal lawtheory has not been recognized body (groups or organizations) as a subject of internationalcriminal to criminal liability problems, however, with the development of international trialsand international judicial practice, practice of the international community have come toidentify the legal entity (group or organization) as an international point of view the main crime.So I believe that the body (groups or organizations) should be subject to an internationalcriminal responsibility.