The Trend Of International Criminal Law To Punish Pirate Crime

Pirates have appeared many times in history and because it endangered the safetyof the high seas, piracy was built into the international crimes. International societyhas made the international law system specification to punish it. Accompanying withthe development of global economy and trade, ocean transportation in theinternational society plays an increasingly important role in the internationalcommunity, in recent years frequent events about pirates are happening in importantareas of the international shipping, which already have a serious impact on oceantransportation. Crime of pirates has increasingly become the serious threat of marinesafety and hidden trouble of the world maritime transport and coastal areas. A seriesof measures on Somali region have had more obvious effect, such as the UNresolution, national warships to escort for law enforcement, and joint warships toarrest pirates and so on. But eradicate piracy, restore the sea lanes’ safe of theinternational transport,it still needs to know about Somalia and other conditions andreasons of frequent sea piracy in order to take effective measures to punish piracy.Since pirates range is located in the international and important shipping lines, itscoastal countries are developing. So relevant international standards and establishedprinciple of universal jurisdiction principle is limited by region. To solve the problemof the pirates of Somalia region by the UN resolution does not constitute ainternational habits and there is not effective international law and the regionalcooperation agreement and specification to punish pirates. International communitydemands to jointly combat piracy of coastal areas for avoiding the damage. Butforeign military ships entering the sea areas under the jurisdiction of other countriesagainst pirate, which aggravates contradictions in coastal surrounding sensitive issues,such as national sovereignty, it increases the difficulty of the punishment of pirates inthe sea area. Due to less practice and legal specification of punishing pirate in the sea,and the lack constraint of warship power and the effects of universal jurisdiction, and judgment, it is more difficult to arrest and punish pirates by international community.To arrest pirates as an important premise of a judge of the pirates and confirmed thatpirate crime, it plays an important role in determining the piracy, maintenance, keepthe pirate crime evidence, as well as restricting foreign warships into the regionalanti-piracy constraints which is not under the jurisdiction. Specification piratesarrested is the due process of law in accordance with the international law, and theregional cooperation punishing pirate. It can effectively guarantee the legitimacy ofpirates arrested and legitimacy and constraint and reduce the dangers of illegalactions.The purpose of this study is to provide advice for our country’s legal system andthe related mechanism in participating in the international punishment pirates inaccordance with the trend of the pirates by using research methods, such as dataanalysis, literature analysis, comparative methods. This paper reviews the early piracyand punishment measures, and puts forward the characteristics of the contemporarypirates. Then it lists the international law and related domestic law system ofpunishing pirate to summarize present practice and legal problems of punishingpirates. Immediately it puts forward the necessity to standardize to arrest pirates andthe concrete arrest system of international law and countries and the problems of thearrest system applicable to arrest pirates. Finally based on the limiting factors ofstandardization pirates arrested, there is suggestions on legal norms to improverelevant supplementary specification pirates arrested development and form acomplete set of laws in international executive pirates arrested in China to give fullplay to the important role of our country in the punishment of pirates according to lawand safeguard the order of the international marine transportation and safety of theimportant role.