A few days ago, two middle-aged Chinese tourists were arrested by the police for posing for a Nazi salute in front of the German Reichstag. They were ordered to pay a bail of 500 euros before being temporarily released.

The red book of the Chinese passport does not say, "Chinese citizens are excluded from the territorial jurisdiction of other countries, and other countries are not allowed to make a fuss about our citizens violating their domestic laws."

What do I think?

I applauded.

In today’s world, the principle of territorial jurisdiction is generally the highest priority.

What is the principle of territorial jurisdiction?

That is to say, based on region, any crime committed within the territory of the country, whether it is a national or a foreigner, shall be subject to the criminal law of the country; conversely, any crime committed outside the territory of the country shall not be subject to the criminal law of the country.

For example, Article 6 of my country's "Criminal Law" stipulates:

"Any crime committed within the territory of the People's Republic of China and the People's Republic of China shall be subject to this provision unless otherwise specified by law." Law.

Any crime committed on board a ship or aircraft of the People's Republic of China shall also apply to this law.

One of the criminal acts or results occurred in the People's Republic of China. If it is committed within the territory of the People’s Republic of China, it is deemed to be a crime within the territory of the People’s Republic of China.”

This is the basic principle of our country’s criminal law regarding the spatial effectiveness of criminal law.

The description of jurisdiction in German criminal law is more detailed, including the place where the principal offender acted, the place of conduct of each person involved in the crime, and what should be done in case of a crime of omission. Details such as location will not be elaborated here.

The actions of the two violated German law. There is no problem in Germany's jurisdiction. This is beyond doubt.

In Germany, this is called verfassungswidrig, which is an illegal act and an unconstitutional act. It is different from the importance our country attaches to the constitution (I hope this sentence will not be harmonized). It is unconstitutional in Germany. This is a very serious behavior.

Paying bail and being released should not be the final outcome for the two of them. Paying bail does not mean paying money in exchange for freedom. It is just a guarantee to ensure that you will not evade investigation and litigation. A series of work, if you cooperate with the relevant agencies to arrive at the case normally when the case is required, it will be returned - in China, it means being released on bail pending trial.

Of course, Nazi salutes are not a crime in our country, and our government will not pursue the two people. However, if they do commit such an act and are tried, they will definitely be punished in accordance with German law. punish.

I also admit that the German military uniforms during World War II were well-made, with avant-garde design concepts and very beautiful. I also like them very much, but I will not support Nazi culture just because I like German military uniforms - this is obviously There is a lack of blind worship that is chauvinistic in nature.

In Hitler's eyes, yellow soap, standing on a street full of Aryan blood, making gestures full of narrow-minded national chauvinism, how ridiculous!

Back to the topic, what do I think?

I applauded.

Above.

Oh, don’t wait a moment. The above has told you some issues about the international jurisdiction of criminal law. Here I will also give you some popular information on foreign-related civil jurisdiction.

From the perspective of legislation and judicial practice, my country’s jurisdiction over foreign-related civil cases should follow the following six principles:

1. The principle of geographical jurisdiction. Articles 22, 23 and 234 of my country's Civil Procedure Law stipulate that if the defendant's domicile or habitual residence is within the territory of my country, the court at the defendant's place of domicile or habitual residence shall have jurisdiction;

Litigation related to status and relationship filed against a defendant who is not located in China shall be under the jurisdiction of the court of the plaintiff’s place of domicile or habitual residence. Litigation over contracts or other property rights filed against a defendant who has no residence in China shall be under the jurisdiction of the court. , if the place where the contract is signed or performed, or the location of the subject matter of the lawsuit, the location of the defendant's property available for seizure, or the location of the defendant's representative office is within the territory of my country, the court at the above-mentioned location shall have jurisdiction.

2. Principle of exclusive jurisdiction.

my country's "Civil Procedure Law" stipulates exclusive jurisdiction in Articles 34, 237, and 246:

Sino-foreign joint ventures performed within the territory of my country Litigation arising from disputes over business enterprise contracts, Sino-foreign cooperative enterprise contracts, and Sino-foreign cooperative exploration and development contracts for natural resources shall be under the jurisdiction of our country's courts; litigation over real estate disputes shall be under the jurisdiction of the court where the real estate is located; litigation over disputes arising from port operations , shall be under the jurisdiction of the court where the port is located; litigation arising from inheritance disputes shall be under the jurisdiction of the court where the deceased was domiciled at the time of death or where the main estate is located.

3. Principles of agreement jurisdiction. Article 244 of the Civil Procedure Law determines the principles of jurisdiction by agreement. This article stipulates that parties to foreign-related contracts or foreign-related property rights and interests disputes may use a written agreement to choose the jurisdiction of a court that has actual connection with the dispute. Choosing the jurisdiction of a Chinese court shall not violate the provisions of the Litigation Law on hierarchical jurisdiction and exclusive jurisdiction.