A Study Of International And Domestic Legislation On The Crime Of Endangering Maritime Security

Today, with the development of global economy, the crime of endangering maritime security is characterized as wide-ranging, well-equipped, innovatory, undetectable, and destructive. The rampant transnational crime causes terrorism and great loss to the international community. The key crime elements stipulated in the international convention aimed at punishing this type of crime do not apply to the current situation. Legislation in many counties, especially in China, is lagging far behind. Although China has committed itself to the international obligation to crack down on the crime, and it has been reflected in the related accusations in our national criminal law, this type of crime is not appropriately defined. As far as legislation is concerned, many accusations are not involved. As to the forms of punishment, penalty categories and degrees are not specified, so administrative sanctions are imposed instead.The defects of international and domestic legislation greatly hamper the all-round punishment concerning the crime of endangering maritime security. It does harm to the security of sailing, lives and property. Therefore, it is of great significance to study legislation on the crime of endangering maritime security, offer some constructive ideas, enhance the international law and create a harmonious society.This thesis is divided into six chapters. Chapter 1 outlines the crime of endangering maritime security. This crime includes pirate crime, endangering sailing security crime, endangering continental shelf fixed platform crime, and vandalizing submarine cables and pipes crime. From Chapter 2 to chapter 5 the crime of endangering the sailing security is discussed in detail with the analysis of the four accusations in terms of the key crime elements. Chapter 6 discusses the punishment concerning the crime of endangering maritime security in China and legislation improvement.