A Study On The Criminal Jurisdiction Of Overseas Military Bases Of China

The full text includes the introduction and the body of the three parts,the conclusion.Introduction.China’s Djibouti military base was illegally investigated by Japanese frogmen in 2017,and the Ministry of Foreign Affairs of China has made strict representations to the Japanese side about this incident.This incident fully exposed the defects of the criminal jurisdiction system of our overseas military bases.Therefore,it is of great significance to study the nature of criminal jurisdiction of China’s overseas military bases from the perspective of international law and improve the criminal jurisdiction system of China’s overseas military bases.First,Overseas military bases are derivatives of geopolitics.Overseas military bases.are of great economic and strategic significance to host and leasing countries.For the host country,the overseas military bases of other countries are of great strategic significance to safeguard their domestic security.For leasing countries,overseas military bases have great strategic significance in safeguarding their overseas interests.Secondly,the implementation of the "one belt and one way" plan depends on the protection of our overseas military bases.Second,The criminal jurisdiction of overseas military bases is different from that of ordinary criminal jurisdiction.The criminal jurisdiction of overseas military bases is based on the difference between host country and leasing country.The criminal jurisdiction of host country for overseas military bases of other countries is based on the transfer of sovereignty.The criminal jurisdiction of leasing country’s overseas military bases is mainly based on the right of self-defence in a broad sense.That is to say,the leasing country of overseas military bases maintains its national defense security by means of criminal jurisdiction.Third,There are some problems in the criminal jurisdiction of overseas military bases in China,such as the lack of domestic legal basis,the contradiction between domestic legislation and international law,the lack of specialized criminal courts for overseas military bases,extradition and the unclear division of criminal jurisdiction.This paper holds that for the problems existing in the criminal jurisdiction system of overseas military bases in China,we can draw lessons from the criminal jurisdiction model of American overseas military bases,and divide the criminal jurisdiction of overseas military bases by means of domestic special legislation,signing relevant treaties,building special criminal courts of overseas military bases and drawing lessons from American experience.Conclusion.The implementation of the "one belt and one way initiative in China is bound to require overseas military bases to escort them.By analyzing the nature of criminal jurisdiction of overseas military bases,this paper puts forward some suggestions for perfecting the criminal jurisdiction system of overseas military bases in China by drawing on the advanced experience of the criminal jurisdiction system of overseas military bases of the United States model.