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近年来,国际刑法有了许多新的发展,其成果之一就是国际刑事管辖权得到了确立和强化,与此同时国际刑事管辖权与国家刑事管辖权的冲突也日益激烈。两者的关系既有对抗性又有相容性。本文主要从相容性的角度来分析它们之间的冲突关系并基于平衡国家司法主权和国际刑法发展的考虑,对国际刑法发展下的国际和国内刑事管辖权的冲突进行理性认知和研究,这将是更好维护国家刑事管辖权的理论基础。
In recent years, there have been many new developments in international criminal law. One of its achievements has been the establishment and strengthening of international criminal jurisdiction. At the same time, the conflicts between the international criminal jurisdiction and the national criminal jurisdiction have become increasingly fierce. The relationship between the two is both confrontational and compatible. This paper analyzes the conflict relations between them mainly from the perspective of compatibility and based on the balance between the national judicial sovereignty and the development of international criminal law, the rational cognition and research on the conflicts of international and domestic criminal jurisdictions under the development of international criminal law, This will be the theoretical basis for better safeguarding the national criminal jurisdiction.