The nationality is not a sentencing plot
November 24, 2021 08:42 Source: "China Social Sciences" November 24, 2021 Total 2294 Author: Wang Denghui

As Chinese and foreign exchanges are getting closer,Cross -border flow of population is increasing。According to the data published by the State Immigration Authority,2019,Foreigners enter and exit 97.675 million people。illegal entry is difficult to statistics,Foreigners' crimes in China have also aroused attention from all walks of life。Can foreign identity become a "amulet" for illegal crimes,Whether it affects conviction and sentence,A spokesman for the Ministry of Foreign Affairs gave a clear negative reply on this question。How to deal with this problem,It is also related to judicial sovereignty、Social governance ability、Construction of society in rule of law、major issues of national dignity and international image,It should attach high attention。

The country is the basic subject of the international political stage,Also the most important subject。The nationality is meaningful,It is the basis for the national performance of loyalty obligations,Loyal obligation is exclusive、serious。There are indeed countries in the world who recognize dual nationality、Multiple nationality,But it is difficult to say that admitting that dual nationality is a trend、trend。If the country recognizes dual nationality,It may be beneficial to a few people in the short term,But harmful to most people,and will damage my country'bet365 live casino games s long -term interests and fundamental interests。my country has never acknowledged dual nationality,This is fully reflected in Article 8 and 9,This position is necessary to persist long for a long time。"Foreigners" is a neutral legal concept,Reporting in legal news、It is not advisable to use "international friends" and "foreigners" such as "international friends" and "foreigners" in law literature。and the word "continent" loses the generalization,It is not suitable to use the expression of "someone is a certain continent",It should not be called "foreign",Legal news reports should try to clarify the nationality of the perpetrator as much as possible。

In our country,The legal status of non -national people is equivalent to foreigners。Therefore, the "foreigners" mentioned in this article include foreigners and non -nationality。The legal status of foreigners cannot be higher than that of their own citizens,It is the example of all countries。Article 6 of the Criminal Law of my country、Article 8、Article 9 stipulates the jurisdiction of the territory、Protection of jurisdiction、Universal jurisdiction,Foreigners who crimes in China and the exercise of criminal jurisdictions against China have sufficient legal basis。No matter the actor is a celebrity,Or ordinary civilian,As long as a crime in my country or crime to the country or citizens in my country,my country has a criminal jurisdiction in accordance with the law。In addition to betraying the national crime、Crime of the enemy's rebellion、Individual charges such as defecting requires bet365 best casino games the crime subject can only be outside the Chinese nationality,Other crimes have nothing to do with nationality,Chinese people and foreign countries can constitute。It can be said,Nationality does not affect the exercise of criminal jurisdiction,It also almost does not affect the conviction。

Singing torture,refers to by the law directly stipulated or authorized by the law,The main objective facts based on the decision to be considered or exempted from punishment and punishment should be considered when quantifying.。One,According to my country's law,The nationality is not a sentencing plot,It should not affect sentencing。All laws and regulations in my country、Judicial Interpretation and Local Judicial Standard Documents The Standards for Prosecution Cases、Singing Standards,Never treat foreigners crimes different from crimes with their own people,So you can only look at colleagues when understanding and applicable。If a actor is a foreign nationality,Not a legal quantity plot,It is not a fixed quantity plot。The legal quantitative punishment plot mainly includes a minor at the time of crime、Deaf and dumb people、Crimina、Self -restricted、Frankly、Establishment、Disdling、Crimeter、Crime and Punishment, etc.,Common fixed -quantitative circumstances are mainly the victim's fault、Compensation of the victim's loss、Regret,None of them include foreign nationalities。Actance person is a foreign country,Not a serious penalty plot,Not the plot of light bet365 best casino games punishment。The actor is foreigner,Not the reason for heavy punishment,It can not be a reason for light punishment。other,Most foreigners do not enjoy diplomatic privileges and exemptions。Crimes for foreigners who enjoy diplomatic privileges and exemptions,Generally solved through diplomatic channels; others have no privileges,In most cases, it does not belong to the situation of "involving major national interests" and "national politics stipulated in Article 182 of the 2018 Criminal Procedure Law.、Defense、Diplomacy and other special needs ",It is extremely rare that the situation of not prosecution。Its two,The situation of the actor's national country does not affect sentencing。Regardless of foreign actors from developed countries or developing countries,Whether it is from a strong country or a weak country,Whether from a big country or a small country,Nothing will affect sentencing。Its three,Relations between the two countries do not affect sentencing。Regardless of foreign actors from all -weather strategic partners countries from my country、Strategic Partner State、Friendly Country,Still from an unfriendly country,Whether or not it comes from a country that has not been established or broken in diplomatic relations,Nothing will affect sentencing。Similarly,The nationality of the actor、The situation of the national state and the relationship between the two countries cannot affect the execution of punishment。The above features are both requirements bet365 live casino games for the principle of punishment,It is also the requirements for the principle of equality of criminal legal person。

"Strict enforcement、Justice justice "is an important content of the" new six -character policy "in accordance with the law in accordance with the law。Law enforcement judicial activities are not foreign affairs activities,It's not diplomatic activities。Regardless of foreign -related factors,All should be handled in accordance with my country's laws and regulations。When handling cases containing foreign -related factors,Especially cases of crimes of foreigners,The principle of rule of law should be adhered to、Equality Principles and Principles of Peace,Follow "Taking Facts as based on、The principle of the law as the criterion "principle,Handling in accordance with the law。The nationality should not affect the criminal case -neither is easier or more difficult to be filed by the status of foreign criminal suspects,It does not pay more attention to (or despise the identity of foreign reporters).、easier (or more difficult) to file a case。my country's judicial organs investigate the criminal responsibility of foreigners in accordance with the law,All strictly strictly accordance with the law,Fully protects its rights,Not affected by foreign factors。The process of law enforcement justice is the same,No need to be unprecedented、Excessive worry about international disputes。"There may be foreign opposition" "may cause diplomatic disputes" is not a criminal case、Public prosecution、Obstacles to conviction,It should Bet365 app download not be a factor that affects torture。Acts that exercise their powers in accordance with the law for our public security judicial organs,There are foreigners or foreign governments against,It is not equivalent to poor social impact,It does not mean harsh international influence,It does not mean that there are problems with the exercise of judicial power in my country。

It is worth mentioning is,Article 35 of the Criminal Law,"For foreigners who crime,Can be deported independently or attached to the exit "。In reality,Some courts who tried to hear foreigners crime cases did not add applicable to deportation,Some foreign criminals sentenced to three years in prison for more than three years in prison have not been expelled from the country。This phenomenon that has laws and laws is worth paying attention to。

Some backward ideological concepts and low -level regulations,Principles of the rule of law、The strategy of governing the country in the new era is incompatible,Failure to better safeguard the national interests of our country and the legitimate rights and interests of Chinese citizens,It constitutes the shortcomings of modernization of my country's national governance system and governance capabilities。In the process of handling foreign criminal cases,To strengthen national sovereign consciousness and national security awareness,Not humble,Handling strictly in accordance with the law,Maintain judicial sovereignty and legal authority。This is conducive to the construction of a social rule of law、Improve the level of social governance and the level bet365 best casino games of foreign rule of law,Therefore, to enhance my country's people's confidence in socialist rule of law。

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