Study On The Legislation And Judicature Of Fighting Against The Crime Of Piracy

The paper analysis the present status,the harms and the reasons of piracy,starting from the purpose and meaning of the research and combining with lots of method,such as integrating theory with practice,literature research and the method of comparison research.As the places of piracy crime are not restricted in the sea waters of one country,it shows up the prominent international characteristic.However,in the judicial practice of many countries,it's just regulated by domestic legislation,and has not reached a consensus on how to define it and how to exercise the jurisdiction.What's more,the consciousness of implement universal jurisdiction on piracy crime didn't truly realize in judicial cooperation.All these make it impossible to fight against pirate crime by only one country and all countries gradually realize the necessity of making relevant international laws to reduce pirate crime coordinately.The second part mainly analyzes the international and domestic legislation of pirate crime.In the international aspect,it mainly introduces the development of international law on pirate crime.The enactment of "Nyon agreement" the Nyon supplement agreement blew the Mediterranean Sea coordinated attacks by Britain and France and other countries.“The Convention on the High Sea”,for the first time,clearly defined piracy and piracy crime in the form of international law,as well as the enactment of universal jurisdiction.“The United Nations Convention on the Law of the Sea” further confirmed it on the basis of the Convention on the high seas.In addition,Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation filled up the deficiency of the two.And the essay provides reference for China's legislation on piracy crime with the examples of the United States and Britain.Moreover mainly analyzes the constitution of the piracy crime form the aspects of the subject,the object and the objective aspect of the crime.The fourth part pays attention to the international criminal judicial cooperation on piracy crime.It mainly involves the establishment of the universal jurisdiction,how to carry out the international criminal judicial assistance,how to extradite the criminal and what problems exist in our country's international assistance.The problems that domestic law hasn't stipulated the crime of piracy yet.There are no constitutive elements of the pirate crime in the existing criminal law in China,and the punishment of the pirates is only based on the similar charges.These problems make it difficult for China to participate in international judicial cooperation and fulfill the obligations stipulated in international treaties to combat piracy.Then the conclusion can be reached that it is necessary for our country to draw lessons from the international advanced experience and legislation,and make a good connection with international law which requires the establishment of criminal charges in the criminal law and set up "anti-piracy law" on the basis of the "Anti Terrorism Law"...