On The International Legal System Of Fighting Piracy

The piracy is increasing rapidly in recent years, the piracy in the Somali waters is more rampant particularly, and the Gulf of Aden and even the whole Somali waters has become the most dangerous areas. The escalation of the piracy in the Somali waters is threatening the marine navigating safety as well as the lives and properties of persons at sea tremendously, UN Security Council has passed a set of resolutions requiring this problem, and many countries has sent the warships to the Somali waters for escort, all of this has lead to the piracy once again become the focus in international community. Therefore, how to perfect the international legal system regard to combating pirates have become the common problems among the international law scholars. This thesis is going to discuss and analyse the internal and international legal issues about piracy, and seek to propose some countermeasures.This article is composed of six parts.The first part is an introduction, this part has a brief introduction about the problems of the legal system about combating pirates under the background of current era, this lead to the necessity and urgency about the perfection of international conventions and internal legislation, and then raises the core of this writing.The second part has an introduction of the international legal system to combats pirates, the thesis outlines the current situation> harm and the aggravate reason of the piracy firstly, then elaborates the evolution of the international legal system on combating piracy, and this helps to grasp the international legal system on combating piracy as a whole.The third part has analyzed the defect of the international legal system on combating piracy, it has teased from these three aspects:the constitutive requirements drawbacks of piracy、the deficiency of jurisdiction of the International Criminal Court to piracy and the necessity of building global cooperation mechanism to combating piracy. The fourth part are some suggestions of the international legal system for the punishment of piracy, it has commented from these three aspects:making specialized international conventions to combating piracy、legislate the issue of international cooperation mechanism to combating piracy,and the global governance of the pirate problem.The fifth part is the perfection of the related legal system in our country, it has pointed the severity of the facing piracy problems in China, then give some advices in the perfection of the related piracy legislation in our country, set up legal mechanism on handle the pirate activity, and then renders my own views.The sixth part is conclusion, it has pointed out the problems to the punishment of the piracy in international community, and it must perfect the punishment of the piracy in the international regulation and internal regulation constantly, and supply the powerful legal base for combating piracy.