Is there any connection between Lin Jun's dismemberment case and China's criminal law?

This is based on the principle of criminal jurisdiction.

The principle of criminal jurisdiction refers to the effect of criminal law on land and people, that is, to solve the criminal jurisdiction of a country. Criminal jurisdiction here refers to the power of a country to prosecute, try and punish all crimes committed within its sovereignty according to the principle of sovereignty. The exercise of criminal jurisdiction is related to national sovereignty, which is clearly stipulated in criminal laws of various countries.

Paragraph 1 of Article 6 of China's Criminal Law stipulates: "Unless otherwise provided by law, this law shall apply to all crimes committed in People's Republic of China (PRC)." This is the basic principle of China's criminal law on the spatial effect of criminal law, which includes the following two main contents:

(a) the meaning of People's Republic of China (PRC).

The so-called territory of People's Republic of China (PRC) refers to all the spatial areas within the national boundaries of China, including: (1) territory, that is, the land and its underground within the national boundaries, which is the most basic and important part of the national territory; (2) Territorial waters, that is, waters with a certain width adjacent to the land within the national territory, including internal waters, territorial waters and their underground layers. Internal waters include inland rivers, lakes, inland seas and some boundary waters with foreign countries, usually bounded by the center line of the river or the center line of the main channel. The territorial sea is a certain range of waters connected with the coast or internal water phase. Including the seabed and subsoil. According to the statement 1958 issued by our government on September 4th, the width of our territorial sea is 12 nautical mile. (3) airspace, that is, territorial sea and airspace.

At the same time, according to international treaties and practices, the following two parts belong to the extension of China's territory and are under the jurisdiction of China's criminal law: (1) Chinese ships, planes or other aircraft. The second paragraph of Article 6 of China's Criminal Law stipulates: "This law is also applicable to all crimes committed on board ships or aircraft in People's Republic of China (PRC)." The ships and planes mentioned here can be civilian or military; It can be in navigation or at anchor; You can sail or park in China, or you can sail or park outside China or on the 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. (2) China embassies and consulates abroad. According to the Vienna Convention on Diplomatic Relations recognized by China, embassies and consulates of various countries abroad are not under the jurisdiction of the host country, but under the jurisdiction of their own countries. These places are also regarded as the territory of China, and any crimes committed there will be punished by our criminal law.

In addition, according to the fact that criminal acts and criminal results cross national boundaries in time or place, China's criminal law further clarifies the specific standards of territorial jurisdiction. The third paragraph of Article 6 of China's Criminal Law stipulates: "If one of the acts or results of a crime occurs in the territory of People's Republic of China (PRC), it is considered as a crime in the territory of People's Republic of China (PRC)." There are three situations here: (1) It is normal that both criminal acts and criminal results occur in our country; (2) The crime was committed in China, but the result of the crime occurred abroad. For example, a package containing explosives is mailed in China and exploded abroad; (3) The crime was committed abroad, but the result of the crime occurred in China. For example, shooting outside China and killing domestic residents. According to the provisions of the criminal law, the above three situations are all applicable to our criminal law.

(2) The law has special provisions.

Article 6 of China's criminal law establishes the basic principle of territorial jurisdiction, and the law also makes special provisions on exceptions. These special provisions mainly refer to:

1 article 1 1 of the criminal law stipulates that "the criminal responsibility of foreigners enjoying diplomatic privileges and immunities shall be settled through diplomatic channels." The so-called diplomatic privileges and immunities refer to a special right and treatment granted in accordance with international conventions and on the basis of reciprocity among countries to ensure the normal performance of duties of diplomatic representative offices and their staff in their own countries. 196 1 The Vienna Convention on Diplomatic Relations signed under the auspices of the United Nations is the basic legal document of diplomatic privileges and immunities. China acceded to the Convention on 1975, and passed the Regulations on Diplomatic Privileges and Immunities of People's Republic of China (PRC) on September 5, 1986, which stipulated the details of diplomatic privileges and immunities. Criminal-related provisions mainly include: inviolability of embassy premises, inviolability of diplomatic representatives and envoys, and freedom from arrest and detention. Diplomatic agents enjoy immunity from criminal jurisdiction. Spouses and minor children of diplomatic representatives who are not citizens of China, foreign heads of state and government, foreign ministers and other officials with the same status who visit China also enjoy the same privileges and immunities as diplomatic representatives. These people are not under the jurisdiction of our criminal law. However, it should be noted here that (1) the immunity enjoyed by diplomatic representatives and spouses and minor children of non-China citizens living with diplomatic representatives can be explicitly waived by the sending government. In this case, the criminal law of China will apply. (2) The persons concerned who enjoy diplomatic privileges and immunities have the obligation to respect the laws and regulations of China, and shall not violate the national sovereignty of China or the laws of China. Once a crime occurs, it can't be left unchecked, but it should be solved through diplomatic channels, such as asking the sending country to recall, declare it as persona non grata and leave the country within a time limit.

2. Article 90 of the Criminal Law stipulates: "Where the provisions of this Law cannot be fully applied in ethnic autonomous areas, the people's congresses of the autonomous regions or provinces may formulate flexible or supplementary provisions according to the political, economic and cultural characteristics of the local ethnic groups and the basic principles stipulated in this Law, and report them to the NPC Standing Committee for approval and implementation." This is to take care of the customs and cultural traditions of ethnic minorities, ensure the exercise of national autonomy, and consolidate the unity, stability and development of multi-ethnic countries. However, when implementing this exception, we should pay attention to the following points: (1) The restrictions on effectiveness of the criminal law in minority areas are different from diplomatic privileges and immunities. It does not completely exclude the application of criminal law, but only excludes some of them, which are related to the special customs, religions and cultural traditions of ethnic minorities, such as fighting among minors and gathering people to disturb the order of public places. This amendment or supplementary provision is only a small part compared with the full text of the criminal law. Therefore, on the whole, criminal law is basically applicable to minority autonomous areas. (2) The exemption from the application of criminal law must have a clear legal basis, that is, the state organs of the autonomous region or province shall formulate flexible or supplementary provisions and report them to the NPC Standing Committee for approval, rather than the parties, judicial organs at all levels or administrative organs to interpret and act at will. (3) The adaptation or supplementary provisions formulated in minority areas cannot contradict the basic principles of criminal law.

3, after the implementation of the criminal law, the provisions of the special criminal law formulated by the national legislature, including separate criminal law and subsidiary criminal law. If there is a contradiction between the new law and the old law on the same matter, and the new law does not explicitly abolish the old law, the new law shall be applied in accordance with the principle of "the new law is superior to the old law".

4. Exceptions provided for in the Basic Law of the Hong Kong Special Administrative Region and the Macao Special Administrative Region. Due to political and historical reasons, China's effectiveness of the criminal law can't reach Hong Kong and Macao, which is a factual restriction on the territorial jurisdiction of criminal law. 1In July 1997, China resumed the exercise of sovereignty over Hong Kong, and Hong Kong became a special administrative region directly under the Central People's Government on the same day. However, Article 2 of the Basic Law of the Hong Kong Special Administrative Region stipulates: "The National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy administrative, legislative and independent judicial power, including that of final adjudication." In this way, Hong Kong's political, economic and legal systems will remain unchanged except for the resumption of the exercise of national sovereignty over Hong Kong and the unified management of foreign and national defense affairs, and the criminal law will not be applicable to it. This constitutes another special law restriction on the territorial jurisdiction of criminal law. The situation in Macao is the same as that in Hong Kong. The political situation and legal status of Taiwan Province Province are different from those of Hong Kong and Macao, and the specific way and process of cross-strait reunification cannot be accurately predicted. However, according to the basic concept of "one country, two systems", its future criminal legislation is still independent. Therefore, even if the two sides are reunified, the Criminal Law of People's Republic of China (PRC) is not applicable, which is another special field except effectiveness of the criminal law. The above situation constitutes a de facto restriction on the scope of application of China's criminal law.

Paragraph 1 of Article 7 of the Criminal Law stipulates: "This Law shall apply to China citizens who commit crimes stipulated in this Law outside the territory of China people. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, it may not be investigated. " Paragraph 2 of Article 7 stipulates: "This Law shall apply to People's Republic of China (PRC) state functionaries and military personnel who commit crimes stipulated in this Law outside the territory of People's Republic of China (PRC)." According to the above provisions, China citizens who commit crimes outside China's territory, regardless of whether they are identified as crimes according to local laws, whether the crimes are light or heavy, what kind of crimes they have committed, and whether their criminal acts infringe on the interests of any country or citizen, are in principle applicable to China's criminal law. Only according to the provisions of China's criminal law, the maximum statutory penalty for crimes committed by citizens in China is fixed-term imprisonment of not more than three years, so they can be dismissed. The so-called "can't be investigated" does not mean that it will never be investigated, but it reserves the possibility of investigation. In addition, if our country's national staff or soldiers commit crimes abroad, regardless of whether the statutory maximum penalty for their crimes is fixed-term imprisonment of less than three years according to the provisions of our criminal law, our judicial organs will investigate their criminal responsibility. This is mainly due to strict requirements on the jurisdiction of state functionaries and military personnel to commit crimes abroad.

Article 10 of the Criminal Law stipulates: "Anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law, although he is tried in a foreign country, but is punished in a foreign country, can still be investigated according to this law, and his punishment can be exempted or mitigated." This provision covers cases where China citizens commit crimes abroad. This provision shows that as an independent sovereign state, China's laws are independent, and foreign trials and judgments are not binding on China. However, from the perspective of actual situation and international cooperation, in order to avoid the excessive double punishment of the defendant, it is also stipulated that criminals who have already received criminal punishment in foreign countries can be exempted or mitigated. This not only safeguarded China's national sovereignty, but also made a realistic consideration of the defendant's specific situation from a humanitarian point of view, fully embodying the unity of principle and flexibility.

Article 8 of the Criminal Law stipulates: "If a foreigner commits a crime against People's Republic of China (PRC) countries or citizens outside the territory of People's Republic of China (PRC), this law can be applied if the minimum penalty stipulated in this law is fixed-term imprisonment of more than three years, except those who are not punished according to the laws of the place where the crime is committed." According to this provision, the criminal law of our country has jurisdiction over crimes committed by foreigners against our country or our citizens abroad. However, this jurisdiction has certain limitations: first, according to China's criminal law, the minimum penalty for such crimes must be fixed-term imprisonment of more than three years; Second, according to the law of the crime place, it should also be punished. Of course, there are some difficulties in actually exercising jurisdiction in this respect, because the criminals are foreigners and the crime place is abroad. If the criminal cannot be extradited according to law, or if he is not caught in our country, our country will not be able to carry out criminal investigation on him. However, if the criminal law does not provide for this, it is equivalent to giving up jurisdiction. Therefore, the purpose of making this provision is to show China's legal position, which is absolutely necessary to protect China's national interests and the interests of our overseas staff, visitors, students studying abroad and foreigners.

Article 9 of the Criminal Law stipulates: "This Law shall apply to crimes stipulated in international treaties concluded or acceded to by People's Republic of China (PRC), where People's Republic of China (PRC) exercises criminal jurisdiction within the scope of its treaty obligations." According to this provision, any crime stipulated in international treaties concluded or acceded to by our country, whether the offender is a China or a foreigner, and whether the crime occurs in our country or abroad, should not be extradited to the relevant countries within the scope of our treaty obligations. China should exercise criminal jurisdiction and punish the offender according to the relevant provisions of our criminal law.

When exercising universal jurisdiction, we should pay attention to the relevant contents of international treaties concluded or acceded to by China and determine the obligations undertaken by China. As long as China has concluded or acceded to conventions that stipulate international crimes and their punishments, China has assumed the obligation to exercise criminal jurisdiction over criminals who commit crimes stipulated in treaties. Of course, the exercise of universal jurisdiction will be restricted in judicial practice. Only when criminals who commit crimes stipulated in international treaties are in our country and have not been extradited, can our country exercise jurisdiction over criminals and punish them according to the provisions of our criminal law.