Punishment of Chinese soldiers in the United States after returning to China

The punishment for Chinese nationals who serve as soldiers in the United States and return home is to face review and surveillance by relevant departments. Those who have obtained foreign nationality will also have their Chinese nationality revoked. According to the U.S. Military Service Act, Chinese people who serve as soldiers in the United States can obtain U.S. citizenship after retirement. Those who become American nationals will have their Chinese nationality revoked because the country does not recognize dual nationality.

Which country’s laws should govern Chinese crimes committed in foreign countries

1. According to general international principles, territorial priority is given, that is, the country where the crime occurred shall have jurisdiction. However, if the criminal has fled back to the country, in accordance with the principle of not extraditing his own nationals, he will be tried by Chinese courts in accordance with Chinese laws based on evidence and materials provided by other countries. If a Chinese person with diplomatic immunity commits a crime, other countries will not have jurisdiction. Chinese courts conduct trials in accordance with Chinese laws;

2. In addition, if the criminal has returned to the country and his behavior is a crime abroad but not a crime in China (some religious countries have laws against adultery and homosexuality) (such crimes), Chinese courts will not try them;

3. Therefore, according to the relevant provisions of the principle of territorial jurisdiction, if a citizen of one country commits a criminal offense in another country, he shall be subject to the laws of the country where the crime occurred. The principle of priority is adopted, that is, the country where the crime occurs has priority jurisdiction, that is, the territorial principle, and is therefore known as the "golden principle" for selecting applicable jurisdiction for extraterritorial crimes.

Legal basis: Article 9 of the "Nationality Law of the People's Republic of China"

Chinese citizens who have settled in a foreign country and voluntarily join or acquire foreign nationality will automatically lose their Chinese nationality. .