加拿大刑事管辖权的发展规律及其借鉴价值

Abstract:Criminal jurisdiction is the power of the state to interfere with individual rights，and territorial sovereignty is the main basis of criminal jurisdiction. After the amendment of The Corruption of Foreign Public Officials Act，Canada’s criminal jurisdiction expanded，breaking the territorial jurisdiction standard proposed by the Supreme Court in the Libman case. However，criminal jurisdiction still needs to be limited，that is，it cannot violate the principle of territorial sovereignty equality，non-interference，or international comity. The development and changes of Canada’s criminal jurisdiction have enlightening significance for the interpretation of our country’s jurisdiction of trial in absentia. Our country’s jurisdiction of trial in absentia emphasizes the principle of territorial sovereignty as well. In order to effectively exercise the jurisdiction of the criminal trial in absentia and further realize the practical goal of pursuing fugitives and recovering stolen assets against corruption，it is necessary to promote the positive recognition of China’s trial in absentia by foreign countries，pay attention to the effective connection with the relevant provisions of domestic law，and carry out in-depth international criminal judicial cooperation on the premise of respecting the laws of the place where the defendant is located.

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