2006 Law College Class 3rd Semester Assignment Questions Introduction to Criminal Law 2

The answer is as follows: The territorial effect of the Criminal Law is the spatial effect of the Criminal Law, according to Article 6 of the Criminal Law of the People's Republic of China: All crimes committed within the territory of the People's Republic of China shall be subject to this Law, unless 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. This is the basic principle of China's criminal law on the spatial effectiveness of criminal law, and it includes the following two main contents:

1. The so-called territory of the People's Republic of China refers to all the spatial areas within the national border of China, including: territorial land, that is, the land and its underground layer within the national border, which is the most basic and important part of the national territory; Territorial waters, that is, waters of a certain width within and adjacent to the territorial land of a country, including internal waters, territorial sea and their underground layers. Inland waters include inland rivers, inland lakes, inland seas, and a part of the boundary water with foreign countries, usually bounded by the center line of the river or the center line of the main channel.

A territorial sea is a certain area of water that is connected to a coast or internal waters. Including the seabed and subsoil. According to the statement issued by our country on September 4, 1958, the width of our territorial sea is nautical miles.

Territorial airspace, that is, the airspace over territorial land and territorial waters.

2. According to international treaties and customs, the following two parts belong to the extension of China's territory and are subject to China's criminal law: China's ships, aircraft or other aircraft. Paragraph 2 of Article 6 of the Criminal Law of the People's Republic of China stipulates:

This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China. "The ships and aircraft mentioned here can be both civilian and military; It can be either in transit or at berth; It may be sailing or anchoring within the territory of our country, or it may be sailing or anchoring outside the territory of our country or over the high seas and high seas. These ships or aircraft, including other aircraft, must be registered in our country and fly our national flag, national emblem or military emblem and other signs.

Chinese embassies and consulates abroad. In accordance with the provisions of the Vienna Convention on Diplomatic Relations, which is recognized by China, embassies and consulates of various countries abroad are not subject to the jurisdiction of the host country but to the jurisdiction of their own country. These places are also considered to be national territory, and any crime committed within them is subject to our criminal law.

In addition, based on the fact that the criminal act and the result of the crime cross national boundaries in terms of time or place, China's criminal law further clarifies the specific criteria for territorial jurisdiction. Paragraph 3 of Article 6 of the Criminal Law of the People's Republic of China stipulates: "Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is deemed to be a crime committed within the territory of the People's Republic of China."

There are three types of situations: it is common for both the criminal act and the result of the crime to occur in our country; The criminal act was committed within the territory of our country, but the result of the crime occurred abroad. For example, a package containing explosives is mailed within the territory of our country, and it occurs outside the country**; The crime was committed abroad, but the result of the crime occurred in our country.

For example, shooting outside our country and killing residents in our country. According to the provisions of the Criminal Law, the above-mentioned three situations are applicable to the Criminal Law of China.