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The Research On The Coastal State Criminal Jurisdiction Over The Exclusive Economic Zone

Posted on:2019-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2416330545996692Subject:legal
Abstract/Summary:PDF Full Text Request
Apart from the introduction and conclusion,the text is divided into four parts.First is introduction.The exclusive economic zone is an important area to coastal States.China's maritime rights and interests have been repeatedly infringed.However,China has hardly exercised the jurisdiction of the criminal jurisdiction,so it is important to study the criminal jurisdiction of the exclusive economic zone from the perspective of international law and put forward some suggestions to improve it.The first part is a review on the relevant issues of crimes and jurisdiction in EEZ.EEZ is an important region of a country.Crimes committed in this part have become more and more serious in recent years,which seriously violates our national interests.The state has the right to exercise jurisdiction over the region in accordance with the UNCLOS and defend its maritime rights and interests,of which criminal jurisdiction is an important means.The second part discusses the principle and basis of criminal jurisdiction in the exclusive economic zone.The principle of protection jurisdiction is applied in the exclusive economic zone.In accordance with the UNCLOS,the high seas system can be applied within the exclusive economic zone.As a result,coastal States also have jurisdiction over piracy and other crimes stipulated in treaties.The coastal state's jurisdiction over piracy is the principle of universal jurisdiction.For several other crimes,it is only a treaty obligation.The coastal state exercises criminal jurisdiction according to the relevant provisions of the UNCLOS on the contiguous zone,exclusive economic zone and high seas as well as domestic law of coastal States.The third part is the analysis of the specific authorities of criminal jurisdiction in EEZ of coastal states.This article explores the specific rights of the coastal states in the contiguous zone,exclusive economic zone and high seas,which compose the criminal jurisdiction of the coastal state in exclusive economic zone.The fourth part talks about problems and suggestions in China's legislation over EEZ.The problems in our country's legislation are mainly reflected in the following aspects.Firstly,system of the law of the sea is imperfect and not operable.Secondly,names of crimes and sentenced punishments in the criminal law are not perfect and basis of the criminal jurisdiction is not perfect.The corresponding proposals are to add the constitutional basis for marine legislation and to formulate the basic law of the sea to perfect the law of the sea,integrate the existing crimes and perfect the basis of criminal jurisdiction.Finally is the conclusion.The article expounds the basis and specific authority of the criminal jurisdiction in the exclusive economic zone of coastal state.Present marine law system is not perfect.relevant laws are lack of operability.Names of crimes and punishment in criminal law is not perfect.Basis of jurisdiction over marine criminal jurisdiction needs perfecting.Thus,laws should be amended according to problems exiting in the legislation.
Keywords/Search Tags:the Coastal State, EEZ, Criminal Jurisdiction
PDF Full Text Request
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