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In the criminal aspect, according to the principle of jurisdiction of personal protection in China's criminal law, as long as you have Chinese nationality, you must be regulated by China's criminal law. Whether or not criminal responsibility should be pursued depends on the circumstances of the case.
In civil and commercial matters, the application of foreign-related law is known as conflict norms, which are generally based on the autonomy of the two parties, and the applicable law issues can be determined through consultation, and the specific application of law needs to be judged by the competent court in a comprehensive manner of the whole case. For example: Article 144 of the General Principles of the Civil Law of the People's Republic of China
The ownership of immovable property shall be governed by the law of the place where the immovable property is located.
Article 7 of the Criminal Law: Where citizens of the People's Republic of China commit crimes provided for in this Law outside the territory of the People's Republic of China, this Law shall apply, but where the maximum penalty provided for in this Law is up to three years imprisonment, they may not be prosecuted.
This Law applies to State functionaries and military personnel of the People's Republic of China who commit crimes provided for in this Law outside the territory of the People's Republic of China.
Article 10: Where crimes committed outside the territory of the People's Republic of China shall bear criminal responsibility in accordance with this Law, although they may still be pursued in accordance with this Law after trial in a foreign country, punishment may be waived or commuted where they have already received criminal punishment in a foreign country.
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Of course, it is necessary to abide by the general provisions of the Criminal Law, which stipulate that China's criminal law has extraterritorial effect, including the provision that Chinese violate Chinese laws in foreign countries.
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Legal Analysis: Absolutely. Anyone who commits a crime within the territory of our country, regardless of whether the offender is a citizen of our country or a foreigner, and whether the interests of a citizen of our country or the interests of a foreigner are infringed upon, shall be investigated for criminal responsibility in accordance with the criminal law of our country.
Of course, there is another case, that is, if a foreigner who enjoys diplomatic privileges and immunities commits a crime, he or she should be investigated for criminal responsibility and resolved through diplomatic channels.
The so-called diplomatic privileges and immunities refer to the rights enjoyed by embassies, consulates and diplomatic personnel not to be subject to the jurisdiction and other treatment of the laws of the host country in the performance of their duties.
Legal basis: Article 6 of the Criminal Law of the People's Republic of China: This Law applies to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law. This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China.
Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China.
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Legal Analysis: Yes. In the criminal aspect, according to the principle of jurisdiction of personal protection in China's criminal law, as long as you have Chinese nationality, you must be regulated by China's criminal law.
Whether or not criminal responsibility should be pursued depends on the circumstances of the case. In civil and commercial matters, the application of the law of foreign-related splitting is called a conflict norm, which is generally based on the autonomy of the two parties, and the applicable law can be determined through consultation, and the specific application of law needs to be determined by the competent court in a comprehensive manner of the whole case.
Legal basis: "Criminal Law of the People's Republic of China" Article 7: Where citizens of the People's Republic of China commit crimes provided for in this Law outside the territory of the People's Republic of China, this Law shall apply, but where the maximum penalty provided for in this Law is up to three years imprisonment, they may not be prosecuted. This Law applies to state functionaries and military personnel of the People's Republic of China who commit the crimes provided for in this Law outside the territory of the People's Republic of China.
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