Research On Issues Of Trailing The Piracy Crimes

Piracy can be said is an old industry, which emerged with the emergence of maritime industry, dating back to the period of ancient Roman and Greece. The international community has long regarded piracy as one of the international crimes, and encouraged states to crack down on piracy crimes by legislation.Since 2008, under the authority of the UN Security Council resolutions, the major shipping countries have sent warships to Somali waters to combat piracy; the problem of piracy in the waters therefore was well controlled. However, for the arrested pirates, many countries do not want to prosecute them in domestic court. In recent years, the problem of piracy began to shift to other regions such as Southeast Asia, West Africa, where pirates become more and more rampant, so the international community has to pay attention to the security of sea lanes. In this context, by researching the issues of trailing the piracy crimes, this article aims to find the best mode of bringing the contemporary pirates to justice.This paper is divided into four parts to finish the research. The first part is to introduce the contemporary piracy phenomenon and analyze the legislation of piracy crimes. It firstly describes the new features, hazards, and trends of contemporary piracy, then the international conventions and domestic laws on piracy crimes are analyzed and a summary of the adverse impacts of existing legislation on the administration of justice is given. Then, the second part analyzes the feasibility of bringing piracy crimes to justice from two aspects which are the legal basis and the practical effects, and in view of the specific characteristics of piracy crimes, some procedural obstacles of trials are summarized. The third part is the key part of the article, which compares the three judicial models. In view of the current piracy phenomenon, the author thinks it is unnecessary to establish special piracy courts and recommends that for the Somali pirates we should continue to take advantage of the coastal state trial, and for pirates in other regions, we should rely on the justice power of capturing states and interested states. The fourth part of the article provides some recommendations to Chinese trial on piracy crimes, including improving the domestic piracy legislation, strengthening maritime law enforcement and lay importance on international cooperation.Finally, issues of criminal justice on piracy are summarized. According to the current characteristics of piracy, and based on the previous analysis, views are put forward in this article, encouraging states to prosecute pirates.