China and extraterritorial criminal jurisdiction

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Abstract

This chapter opens with a brief historical overview of events leading to the modern state of China. We consider the constitutional context in which extraterritoriality is regulated in China and provide examples of assertions of extraterritorial criminal jurisdiction and the regulation thereof. Chapter 2 concludes with observations about exercises of extraterritorial jurisdiction by the Chinese state, including that China’s legal frameworks reflect strong assertions of the nationality principle, including the passive and a domestic-centred approach to universal jurisdiction. We also note that, due to the role played by courts in the Chinese legal system, assertions of extraterritorial criminal jurisdiction by China are as much as question of policy as law.
Original languageEnglish
Title of host publicationExtraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea
EditorsDanielle Ireland-Piper
Place of PublicationCheltenham
PublisherEdward Elgar Publishing
Pages48-77
Number of pages30
ISBN (Electronic)9781788976664
ISBN (Print)9781788976657
DOIs
Publication statusPublished - Jul 2021

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