| As an ancient maritime crime, Piracy has always been a serious threat to world marine navigation peace. With the rapid development of science and technology and the swift changes in the world political and economic order, the crime of piracy is growing in intensity. The pirates not only hijack ships, but also engage in smuggling and trafficking in persons. They even combine with the terrorist organizations and these results in serious threat to life and property. We need to strengthen rule of international law, improve the Domestic law linking universal jurisdiction to criminal punishment, which has important practical significance.The main body of the dissertation is allotted together for the introduction,text and conclusion,there are four chapters in the text.Chapter I of this paper firstly review the history of the piracy, reveal the changes of piracy from Sea Knight to public enemies. And then this paper presents the development of legal system of piracy from different aspects, and strictly distinguishes piracy from international law and domestic law.Chapter II of this article makes in-depth research of constitutive elements of the crime of piracy, analyses the essence of the existing problems and the author set forth his own theoretical point of view, such as the subject of the implementation should be"private"and just for "private purposes" is not proper, and the exclusive economic zone should be taken in the locality of piracy e.g.Chapter III of this article illustrates the necessity of universal jurisdiction, and provides methods of conflict resolution, for example, establish the order of universal jurisdiction; establish mechanisms to combat crime dominated by Security Council; establish special ICC for trials and punishment of piracy.Chapter IV of this article analyses the necessity of setting up a crime of piracy in our criminal law, makes a discussion about related problems of piracy such as constitutive elements, penalty, jurisdiction and judicial practice. |
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