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Discussing The Subject Of Criminal Responsibility In The International Criminal Law

Posted on:2021-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y C QiuFull Text:PDF
GTID:2416330605469023Subject:legal
Abstract/Summary:PDF Full Text Request
In the context of globalization,economic,political,and cultural exchanges between countries have become more frequent,and various forms of international crime have also increased.This has seriously undermined the international order and violated the common interests of countries around the world.In order to punish international crimes and maintain world peace and security,international criminal law has attracted the attention of scholars from various countries and has continued to develop and improve.It has now formed a certain legal system.However,in the development of international criminal law,the subject of international criminal responsibility and the way to achieve it have been controversial.So far,the international community has not reached a consensus on this.There are basically three types of subjects of international criminal responsibility:states,individuals,and legal persons.Up to now,through many international trial practices and theoretical studies of international law,the international community has reached an consensus on the status of individuals as the subject of criminal responsibility.The specific principles of personal criminal responsibility and the reasons for the obstruction of personal criminal responsibility include a number of follow-up issues.The international community's status as the subject of international criminal responsibility has been in a controversial stage,and no consensus has been reached and relevant legal norms have been formed.Therefore,research on the subject of international criminal responsibility still has practical significance.On the basis of reading a large number of related academic monographs,the author has conducted in-depth research on the trial practice of international tribunals in history.It has comprehensively adopted three research methods:document analysis,comparative analysis,and empirical analysis.At the time point,it summarizes and analyzes various theoretical theories and trial practices at home and abroad,and advocates the principle of double responsibility for international crimes of the country and double punishment for international crimes of legal persons on the basis of improving the principle of individual international criminal responsibility.To fully implement the investigation of criminal responsibility for international crimes in order to maintain world peace and securityThis article is divided into five chapters:introduction,overview of international criminal responsibility,international criminal responsibility of a state,individual international criminal responsibility,and international criminal responsibility of a legal personThe first chapter is the introduction,which explains the background and research significance of this topic,as well as the literature reviewThe second chapter is the overview of international criminal responsibility.It mainly expounds the concepts and characteristics of international criminal responsibility and its subjects,and analyzes several theories about the connotation of international criminal responsibility in the current academic circles.On this basis,the author summarizes the connotation of international criminal responsibility and its related concepts,and lays a foundation for the subsequent classification and discussion of the subject of international criminal responsibility.The third chapter is the international criminal responsibility of the country.First,the author summarizes the relevant historical practice of taking the country as the subject of international criminal responsibility,and then based on this,expounds various theories on international criminal responsibility and analyzes to put forward his own views.Based on international practice,five ways to realize the country's international criminal responsibility are proposed.The fourth chapter is the individual's international criminal responsibility.The author first reviews the development of the principle of individual criminal responsibility,and then expounds some basic principles.Finally,it discusses the realization of individual international criminal responsibility.Ways and related obstacles.The fifth chapter is the international criminal responsibility of legal persons.Because the research of international criminal responsibility of legal persons and related issues is an emerging field of international criminal law,the author first discusses its historical background and practical significance,and then summarizes the current The doctrine of the legal person's international criminal responsibility subject status is analyzed.Finally,the author proposes a way for the legal person to assume international criminal responsibility based on the relevant provisions of domestic criminal law on the crime of the legal person.
Keywords/Search Tags:international criminal responsibility, subject of international criminal responsibility, principle of individual criminal responsibility, national criminal responsibility, legal person
PDF Full Text Request
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