The Criminal Law Solution of Foreigners Committing Crimes Within National States Territory: Take Chinese Criminal Law as An Example

Abstract

In the era of globalization, foreigners committed crimes in the national territory are mainly subject to the sovereignty governance mode. The national penalty power is not the same to the nationals and the foreigners. Penalty to the nationals aims to confirm self-decision will of the community social contract, and obtain the basic conditions of returning to national community law and order; penalty to foreigners committed crimes within the territory aims to confirm self-decision will of participating in social life and signing the “residential contract”; and whether allow him to return to territorial social life depends on the judgment of his “contracting will” and “performance capabilities”. National penalty justice is the legitimate criminal law value applied under the sovereignty governance, and it should maintain consistency to global penalty justice to achieve a “negotiated justice”.