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Legal Regulation Research On Crime Of Piracy

Posted on:2014-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:C YueFull Text:PDF
GTID:2256330401985354Subject:Law
Abstract/Summary:PDF Full Text Request
Crime of piracy has become an important problem which theinternational community is concerning with, its widening harmfulnessthreatens the stable order of international shipping and the developmentof international trade. Although the international community and manycountries have taken relevant measures to cope with this problem, thepunishment does not achieve the desired effect, which is caused by notonly the inherent limitations of rules and regulations in this field, butalso differences and conflicts of domestic laws and regulations of variouscountries. With the rapid development of China’s import and export trade,maritime transport has become the main means on which the operation oftrade is relied. However, the damage to our marine safety in vital areasproduced by the crime of piracy hinders the sustained and stabledevelopment of economy in our country. Meanwhile, due to the lack of legalrules and regulations in domestic, it is a tough task to mete outpunishment to this kind of crime. Therefore, for the sake of addressingthe challenges of the piracy perfectly and maintaining the stable orderof shipping, it is imperative to perfect the legal system of piracy ininternational and domestic law.This paper consists of three parts: introduction, text and conclusion,in which the text is divided into three chapters.The first chapter starts from presenting the basic theory of thepirate crime and then illustrates the developing process of the piratecrime, analyses the social harmfulness of piracy and defines the conceptand crime constitution of piracy.The second chapter introduces legal regulation of pirate crimethrough two dimensions–international and domestic law and proposes improving suggestions aiming at the shortcomings of the related rules andregulations of international law. Finally, I will draw useful experiencesaccording to related expositions and analysis comparing domestic laws invarious counties and contrasting domestic law and international law.The third chapter mainly addresses the improvement of planning legalsystem of piracy. This chapter firstly focuses on present situation ofjudicature of punishing pirate crime and reality threats we are facingin our country. Secondly, it combines with the relevant experience andinnovation of foreign countries in the area of piracy, and then finallyit puts forward detailed suggestions to improve domestically legal systemof piracy, which on the basis of the necessity and feasibility of relevantrules and regulations is clear perfected.
Keywords/Search Tags:Pirate crime, United Nations’Conventions on the Law of theSea, Legal regulation
PDF Full Text Request
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