军人域外犯罪刑事管辖特点探析

Analysis on Characteristics of Criminal Jurisdiction to Serviceman Crime Overseas

近年来,我军参与实施的涉外军事行动大幅增加,军人赴海外执行任务面临诸多法律问题,其中军人犯罪后的刑事管辖问题是亟待解决的重要问题,而军人域外犯罪刑事管辖呈现出的诸多特点,如域外犯罪军人一般处于本国控制以下,域外实施的部分犯罪与犯罪国没有实质联系,关涉对国家利益尤其是军事利益的保护,涉及管辖权冲突等。

PLA has been participated in the military operations concerning foreign affairs more and more in re- cent years. The problems to the servicemen engaged in the overseas operations keep increasing and the criminal ju- risdiction to the serviceman crime becomes one of the most important posers. This kind of criminal jurisdiction has many characteristics, such as the serviceman who commits a crime overseas is controlled by his own country gener- ally, some of the crimes have no essential relations to the country where the crime committed, the jurisdiction is relevant to the national interests and the military interests especially and the conflict of the jurisdiction, etc.