Research On The Legal Issues Of The Crime Of Piracy

The issue of piracy is a hot topic of the international community, andalso is a difficult puzzle; it is not only an international problem, but adomestic one. As a major international trading nation with a second positionin the total imports and exports of foreign trade in the world, China’s mainmode of transportation in foreign trade is maritime transportation, whosebiggest threat is pirate crime. Although the existing international lawsalready provide the general principles of punishing the crime of piracy forChina, the domestic laws and regulations, as the bases of the specificimplementation of arrest, trial, measurement of penalty and execution ofpunishment, are deficient accordingly. Therefore, the special legislation onthe crime of piracy in China is imperative for a better combat of pirate crimeand the protection of the safety of our maritime transportation. With the themeand purpose on how to establish the legal system of the crime of piracy inChina, the thesis is made up of four parts to discuss.Firstly, mainly presents an overview of the existing legal system of thecrime of piracy. In combination with the relevant policies and regulationsof《The Geneva Convention on the High Seas》in1958,《The United NationsConvention on the law of the Sea》in1982,《The Asia regional cooperationagreements combating piracy and arming robbery against ships》and《The UnitedNations resolution against Somali pirates-related policies and regulations》as well as the views of many scholars, the crime of piracy is defined fromits concept, contents and characteristics; then the investigation on thehistory of the crime of piracy is conducted for a grasp of the developing ideasof the international community in punishing the crime of piracy; further, theexisting legal system of the crime of piracy in the international community is generally grasped after the summary and statements of the issues andchallenges in the present situation and practice of the existing legal systemof the crime of piracy.Secondly, focuses on the specification of the realistic significances ofthe crime of piracy, which is also the reason for our emphasis on the researchof the crime of piracy. It is specified that the crime of piracy plays animportant role in combating Smoali pirates and pirates of the South China Sea,protecting our national maritime interests and accelerating the domesticcriminal legislation on the crime of piracy.Once again, principally deals with foreign legislative systems on thecrime of piracy. For the purpose of providing experience and examples forestablishing the legal system on the crime of piracy in China, the legal systemsof Russia, Canada and Japan on the crime of piracy are mainly analyzed in thissection.Lastly, aims at the framework of establishing the legal system on the crimeof piracy in China. The issue of how to build our legal system on the crimeof piracy is discussed, which is the core and the writing target of this thesis.After combining with the foreign policies and innovations in relation to thecrime of piracy and specifying the guiding ideology, the personal opinionsare put forward on the arising problems and challenges, and finally thesystematical legislative proposals are formed.At the same time, to increasethe operability for the establishment of the legal systems of the crime ofpiracy in China, the feasibility analysis and the arrangement of somesupporting policies and facilities are discussed.