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China’s Criminal Law Of Anti-pirates

Posted on:2013-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z X LiuFull Text:PDF
GTID:2246330371970992Subject:Law
Abstract/Summary:PDF Full Text Request
Since the beginning of the twentieth century, by Somali pirates for typical representative within the scope of the international piracy increasing, the international shipping and the personnel security threats are growing. Especially in the interests of the ocean of the growing importance of highlight contemporary, countries through the many kinds of ways and means to ensure that the ocean security, safeguard the interests of the state and the purpose of it is imperative. For China,the pirates of the south China sea area and the strait of Malacca waters around also brings bad impact. Therefore, taking legal measures to piracy to qualitative and regulate the pirates, is necessary to China’s economic interests and countries security.This first chapter of this paper starts from the definition of piracy, through the United Nations convention on the international maritime bureau report of investigation of such documents, made the analysis of the contemporary international on the behavior of the different definitions of the pirates, and summarized the behavior of the pirates general have private purpose, the tools the particularity, the action to happen the particularity of components such as regional, for domestic legislation and international cooperation on the basis to provide a support. In the second chapter of the pirates behavior characteristic generalization of the induction, and at the same time on contemporary international development and current situation of piracy are summarized. The purpose of this part is for the protection of the legal measures put forward specific below and imagine can have more pertinence. The third chapter turned into the key content discussion, that is, from universal jurisdiction principle elaboration-n of criminal law which invites the domestic to piracy the lack of regulation, combined with the definition, characteristic of pirates above discussion of contemporary world and the main countries about pirates of the sin legislation investigation, based on their domestic legal system and legislative model came up the idea of pirates sin, and its necessity and feasibility demonstrated. Chapter4of this article is to pirate control process often appear shall be under the jurisdiction of the strategy to solve problems and conflicts are discussed, in order to about pirates criminal legislation can get practical implementation, and won’t because under the jurisdiction of the conflict or fuzzy and indulgence the pirates crime.Through the discussion of this paper, the hope can for the improvement of the legislation through domestic and international the strengthening of regional cooperation. From domestic and international two aspects, internal and external combination, providing a useful thinking and using for reference in protecting our national interest and security.
Keywords/Search Tags:Anti-pirates, Universal jurisdiction principle, Jurisdiction conflict
PDF Full Text Request
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