On Issue Of Conflicts In Criminal Jurisdiction Over Pirate Crimes

The piracy occurs frequently in recent ten years, which triggers a serious threatto safety of maritime traffic and does great harm to personal and property safety ofcrew and passengers. Nowadays, the piracy has become a non-traditional securityproblem that each country has to face inevitably. On solving pirate crimes, thepriority problem that the international community faces is the problem of conflicts ininternational criminal Jurisdiction over pirate crimes in legal angel. How to define thepirate crimes, how to analyze the reasons and manifestations of jurisdiction conflictsof pirate crimes and how to seek for the solution to punish and prevent the piratecrimes make it necessary to study on theory and practice.There are new characteristics appearing in pirate crimes contemporarily, thedefinition for pirate crimes of United National Convention on the Law of the Seacan’t meet fighting and punishing pirate crimes. Therefore, the piracy site should beexpanded and not be limited on high sea.This thesis is to analyze the causes of jurisdiction conflicts of pirate crimesaccording to introduce the manifestation of pirate crimes to explore the solution forjurisdiction conflicts of pirate crimes. The jurisdiction conflicts of pirate crimes canbe divided into positive conflicts and active conflicts. The former presents thejurisdiction conflicts among each country, the jurisdiction conflicts between eachcountry and international ad hoc tribunal. The latter presents that each country are notwilling and able to administrative. Future, the sovereignty is the deep cause ofjurisdiction conflicts of pirate crimes, different principal adopted is the direct cause,the litigation cost concern is the internal cause and the lack of social responsibilitiesclause and supervision mechanism are the external causes. Based on internationalcooperation, the long-term strategy to solve jurisdiction conflicts of pirate crimes lieson concluding anti-piracy convention, which is a long negotiation process and can’tsatisfy punishing the pirate crimes. Thus, the emergency is to make the jurisdictionsequence of pirate crimes via closely relationship. Litigation cost shall be reduced for solving jurisdiction conflicts of pirate crimes and responsibilities clause andsupervision mechanism shall be regulated.China, as a maritime power, has been affected seriously by piracy harm. Thepirate crimes planned to Criminal Law of the P. R. China is not only the internalrequirements of performing international obligation but also the requirements ofsolving piracy, which shall play a significant role upon solving criminal jurisdictionconflicts within China four law borders.