Legal Regulation Of The Maritime Armed Escort By Chinese Private Security Company

The "21st Century Maritime Silk Road" initiative revitalized China's ancient maritime trade routes.The maritime silk roads radiate the Indian Ocean,the Gulf of Aden,and the Strait of Malacca,and the non-traditional security problems in shipping are highlighted.In recent years,the total number of piracy activities and terrorist activities is high,aggressive,and widely distributed,posing a great threat to the international community and China's maritime interests.To realize the "supply-side reform" of the country's overseas security system,it is necessary to accept private security companies to provide armed escorts at sea for merchant ships.After the terrorist attacks in the United States,the global market share of private security companies is expected to reach 222 billion U.S.dollars by 2019,and is experiencing rapid growth on a large scale.China's private security company Huaxin Zhongan launched its first escort service in 2011 in the Somali waters.Since 2011,it has provided more than 600 Chinese companies with more than 600 armed escort services and achieved good results,thus promoting our country.Private security companies are more active in escorting services at sea.At present,armed security escort by private security companies is a hot issue discussed by the international community.This paper deals with the legal issues of private security companies that routinely escort ships at sea,and draws on the views of all parties to come up with their own understanding of this issue.Private security companies are new,the theory of private law of public law and the grim reality of maritime security in the international community has spawned its development.However,its development lacks the constraints of international treaties and lacks the norms of domestic laws,causing it to be in a legal vacuum,and its legal nature is unclear.The attribution of legal liability is unknown,so it is necessary to introduce an international treaty to regulate its behavior as soon as possible.The first part of this paper studies the definition and development trend of private security companies,and proposes that private security companies are private law entities that are different from private military companies.Under the background of contemporary shipping,its emergence is necessary and feasible.The second part deals with the legality of the armed support of private security companies.Private security companies are the subjects of private law,and their behavioral law does not ban all free legal principles.The private security company's maritime escort has international legitimacy.At present,there are international soft law norms to guide it;the use of force in the escort process has legitimacy,but it lacks the regulation of international treaty.Therefore,this paper proposes private security company to carry out armed escort.The international legislative prospects indicate the importance and significance of the international treaty as soon as possible.The third part compares the domestic law of the United Kingdom,the United States and Germany,and reviews the name,validity and content of the law,which provides reference for the construction of law in our country.The fourth part summarizes the legal status and problems of armed escorts at sea by Chinese private security companies,and proposes legal advice through the comparative study of the previous article and the existing international soft law standard.