论文部分内容阅读
我国刑法学认为我国刑法在时空适用范围采取以属地原则为基础,以属人原则、保护原则为补充的混合管辖原则,根据我国所缔结或参加的国际条约所享有和承担的权利和义务,我国也承认有条件的普遍管辖原则。我国刑法正是根据这些原则对所有与我们国家和我国公民有联系的犯罪行使刑事管辖权。但是,对我国刑法学第3条第2款所规定的:“凡在中华人民共和国船舶或者飞机内犯罪的”,也具有刑事管辖权,是依据什么原则规定的,理论上至今还未作过深入的研究。
Criminal law in our country believes that the criminal law of our country adopts the principle of mixed jurisdiction based on the principle of territoriality and supplemented by the principles of humanity and protection, and according to the rights and obligations enjoyed and undertaken by the international treaties to which China has concluded or acceded, It also recognizes the principle of universal jurisdiction. It is on the basis of these principles that our criminal law exercises criminal jurisdiction over all crimes connected with our country and our citizens. However, as stipulated in Paragraph 2 of Article 3 of the Criminal Law of our country, “all crimes committed in the ships or aircraft of the People’s Republic of China” also have the criminal jurisdiction and are based on the principle that no theory has been made so far Deep research.