Research On The Pirate Crime

To punish the pirate crime effectively, this thesis, which is explained through such researching methods as literature summary, qualitative analysis of legal theory and analysis of history, discusses the concept and the nature of pirate as well as the trend of the pirate crime's development and its harm and points out that the pirate is an unclearly defined and pan-concept on the basis of combing the pirate history. The pirate crime develops in the forms of collectivization, and industrial production development. It induces the international and the domestic legal norm of punishing the pirate crime, analyzes the similarities and differences between them and points out that in fact there are two sets of systems about punishing the pirate crime. It analyzes the pirate crime's definition and the main constituting documents of the United Nations'Conventions on the Law of the Sea and pointes out that in long period of time, the United Nations' Conventions on the Law of the Sea is difficult to break through according to the pirate crime defined by the international common law and the main constituting documents. Crossing sea area and transnational characteristics of the pirate crime decides that punishing pirate crime must rely on the cooperation of the international criminal justice, including pirate suspect's reassignment and receiving, evidence's investigation and collection, choice of criminal trial court, penalty's execution and so on. But due to the differences of various countries' criminal law rule and lacking of drawing up international legal cooperation procedure, international criminal justice cooperation of punishing the pirate crime still stays in an early stage and exists many places needing perfecting. It has already influences pirate crime's effective prosecution directly.In order to deal with the increasing rampant pirate crime, the international society has adopted preventing and controlling methods of arming merchant marines, escorting warship escort and so on. But these new methods still exists some problems in such aspects as validity and actual result. In view of the present international society situations of legislation, judicature and cooperation about punishing the pirate crime, this thesis proposes future international society countermeasures used to prevent and control the pirate crime, i.e., further strengthen the domestic legislation and the international legislation of punishing the pirate crime; further consummate the regional international cooperation law mechanism; further adopt the UN Security Council to carry out the motion on the foundation of circumstance judgment; further promote the international criminal justice cooperation of punishing the pirate crime and further enhance the deterrent force of the penalty boundary and penalty probability.This thesis is divided three major parts:introduction, body and conclusion. The body consists of six chapters.Chapter one combs pirate's history and analyzes the concept, the nature, the social harm and the developing trend of it.Chapter two introduces the legal norm of punishing the pirate crime from two dimensions, the international substantive law and the national law, and analyzes the similarities and differences in the aspect of punishing the pirate crime between the current international legislation and the current domestic legislations well as the possible law issues.Chapter three analyzes the pirate crime's tenable condition. On the basis of the concepts of making the crime tenable condition and constituting condition clear, the pirate crime is limited. The pirate crime's constitution condition and the legal responsibility are analyzed. The pirate crime, the terrorism crime, the security crime of harm to marine navigation, the crime of kidnapping aircrafts and so on are closely discriminated.Chapter four develops an analysis on the international criminal justice cooperation such as confirming the pirate crime universal jurisdiction, the pirate suspect's reassignment, the evidence investigation and collection, the criminal trial court's choice, penalty's execution and proposes the legal matters which still need solving.Chapter five induces the present international society's new methods of preventing and controlling the pirate crime from three angles, the merchant, the nation and the international society. It also gives analysis about validity and effectiveness of armed merchant marines, the sea patrol, the warship escort and the cooperation based on the international organization and the regional organization.Based on the above chapters, chapter six proposes international countermeasures of preventing and controlling the pirate crime in the future from the pirate crime's legislation, the regional cooperation, the UN Security Council's carrying out motions, district escort, international criminal justice cooperation and execution of punishment.