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.
|Title of host publication||Extraterritoriality in East Asia|
|Subtitle of host publication||Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea|
|Place of Publication||United Kingdom|
|Publisher||Edward Elgar Publishing|
|Number of pages||30|
|Publication status||Published - 1 Jan 2021|
- criminal jurisdiction