Research On The Legal Issues Of The Fight Against Piracy By Private Armed Security Personnel

In recent years, due to various reasons, the piracy are becoming more and more rampant, and some new manifestations arc being demonstrated, causing tremendous threats to maritime security, which leave serious implications on the development of maritime transport and international trade. Although naval escort is effective in fighting the pirates, it failed to fundamentally solve this problem. Against this backdrop, ship owners are forced to seek more strategies to fight pirates, to ensure the safety of the crew as well as the ship respectively. So the ship equipped with a private armed security has become a new initiative to fight against pirates, but there are something that needs to be strengthened, this article is conducted to make it clear of the new thing through the legal issues of private armed security.This article consists of five parts.The first part is the overview section, the limited range about in this paper studied on private armed security is clarified through the analysis of the concept of private armed security. Starting from the generation and background of private armed security, purposes andsignificance of the ship equippedwith a private armed security are analyzed.The second part, the legislation and practice of private armed security are analyzed on the analysis of the relevant legal documents of international organizations and the introduction of the shipping industry combined with the existing relevant practices.In the third part, the status of private armed security personnel and legitimacy in the fight against piracy are researched at a deeper depth through the doubt of the outside towards the private armed security in order to conclude their own views. Since the inevitable use of force in the process of lighting against piracy, and the use offeree in international law has many limitations, so in the fourth part, the private armed security permission to the use offorce against piracy is studied from the perspective of the legitimacy of the force against pirates research, along with the use of force applicable rules of customary international law. and the point is made clear thatforce fighting against pirates are constrained by the international criminal law and international human rights law.The Last part of this paper, it proposed the reference of private armed security personnel to China, starting from China’s special national conditions, suggested that China can use alternative way of thinking to introduce private armed security personnel the measure, thus making China take an active role in the global efforts to fight against piracy in the perspective of related policies, the regulations and regulatory measures.