| The current international piracy crime was more and more seriously, which became aserious threat to people’s lives and property and has greatly damaged the internationalshipping order and damaging the marine interests. Fighting against piracy crime hasbecome a broad international consensus.1982"United Nations Convention on Law of theSea" is a major international legal basis in fighting against piracy crime, which not onlyprovides the definition of piracy, Components, and the jurisdiction of the pirates, but alsoclearly stipulates that all countries should fight against piracy in the greatest possible areaof co-operation. However, the current crime of piracy was different from before, it has beenfar beyond the traditional understanding of the pirates. The existing system of fightingagainst piracy crime has some defects. This article was based on the full research results ofmany experts and scholars, detailed analysis of the deficiencies in the existing system offighting against piracy crime, this article finally made some suggestions on how tostrengthen international cooperation in combating piracy crime and how to participate inour cooperation in combating piracy crimes. This article is divided into four parts:The first part is an overview of international cooperation in combating piracy crime.Firstly, this article introduced the concept and characteristics of piracy on the basis of“United Nations Convention on Law of the Sea ". Secondly, this article analyzed thenecessity and feasibility of international cooperation in combating piracy crimes. Finallythis article made a brief introduction of the legislative evolution of piracy crimes.The second part is the analysis of cooperation in combating piracy crimes. This articlebriefly describes the existing system to combat piracy crimes, including the determinationof the crime of piracy, the universal jurisdiction of pirates and the mode of cooperation incombating piracy; this article then made a detailed analysis of the problems of the system,mainly about the defects of the elements of crime of piracy, the limitations of universaljurisdiction and the limitations of United Nations collective security mechanism in the fightagainst piracy crime.The third part was some proposals to strengthen international cooperation in combatingpiracy crime. On the basis of the second part of this article, this article gave the followingrecommendations: Firstly, to improve the legal definition of the crime of piracy, mainly improving the composition of elements of the piracy crime and improve the domesticlegislation of States; Secondly, to correctly understand the fight against piracy relationshipbetween statutory law and customary law; thirdly, to improve the general jurisdiction ofthe pirates, mainly about transferring part of national sovereignty and determining the orderof jurisdiction; fourthly, to improve the United Nations collective security mechanism, soas to address humanitarian crises and fully play the leading role of the United Nations.The fourth part is the suggestions for our country to participate in the cooperation ofcombating piracy crimes. This article first introduced related law in China to combat piracycrime, and then analysis the legislative shortcomings. On the above basis, this article maderelevant recommendations from the improvement of legislation and practice, in order tomake China to be better participate in co-operation against piracy crimes. |
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