A Study On Issues Of International Crime Of Piracy

According to relevant international conventions, piracy consists of five elements:(1) the illegal acts complained against must be violence or detention, or any act of depredation;(2) committed on the high sea beyond the land territory or territorial sea, or other territorial jurisdiction, of any State; (3) by a private ship, or a public ship which through mutiny or otherwise is no longer under the discipline and effective control of the State which owns it;(4) for private ends; and, (5) from one ship to another so that two ships at least are involved. The international community is confused about the definition of piracy due to the intrinsic flaws in the piracy law under UNCLOS and the absence of criminal legislation with regard to piracy in some countries. So it is important and necessary to strengthen and improve the law of piracy to crack down on piracy and punish such criminals more effectively.The author of this article firstly introduces the basic concepts of piracy and its constitution and studies the crime of piracy comparatively from the perspectives of international law and national law. On the grounds of the characteristics of piracy, the author then emphasizes the legal suppression concerning crime of piracy combined with the law of piracy under UNCLOS, and presents effective measures on anti-piracy. Finally, on this basis, the author presents his constructive proposals on how to establish and improve criminal legislation governing piracy in China.This dissertation is divided into three parts: preface, main body and conclusion. The main body includes four chapters:Chapter 1 states the survey of international crime of piracy. Firstly, it introduces the historical background of piracy and the current scope of piracy problem. It then analyzes the development of the law of piracy. Finally, it concludes the concept of piracy according to the UNCLOS.Chapter 2 studies the crime of piracy comparatively from the perspectives of international law and national law. Firstly, it analyzes the constitution of piracy. Secondly, it highlights the law of piracy under UNCLOS. Finally, it introduces the provisions of piracy in criminal laws of major foreign countries and so on.Chapter 3 emphasizes the legal suppression concerning crime of piracy combined with the law of piracy under UNCLOS. It firstly studies the jurisdiction ofpiracy and then presents the measures on how to crack down the crime of piracy and punish such criminals and prevent such crimes more effectively.Chapter 4 discusses the embodiment and application of piracy in Chinese criminal law. It also analyzes the present Chinese criminal law on piracy and the necessity of adding piracy into Chinese criminal law. It finally presents constructive proposals on criminal legislation governing piracy in China.