Study On Criminal Jurisdiction In The Exclusive Economic Zone Of China

Article 56 of United Nations Convention on the Law of the Sea(hereinafter referred to as the Convention)stipulates the coastal state has two sovereign rights and three jurisdictions in the exclusive economic zone.Through the definition of the concepts of “sovereign rights” and “jurisdiction”,The connotation of “sovereign rights” and “jurisdiction” in the exclusive economic zone of the coastal State should includes the “criminal jurisdiction”.“criminal jurisdiction” includes “criminal legislative jurisdiction” and “criminal judicature jurisdiction”.Except for the stipulation of the criminal jurisdiction of the coastal state in the exclusive economic zone,the Convention also restricts the exercise of the criminal jurisdiction of the coastal state in the exclusive economic zone,moreover,the Convention stipulates the rights and duties of other States in the exclusive economic zone.Since the Convention does not specify the ownership of “residual rights” and matters in the exclusive economic zone,leads to conflict of rights,jurisdiction and duties in the exclusive economic zone between the coastal state and other States.Through exercising criminal legislative jurisdiction and criminal judicature jurisdiction,the coastal state guarantees the sovereign rights and jurisdiction of the country in the exclusive economic zone.Our country's legislation on the criminal jurisdiction of the exclusive economic zone is scattered in the relevant domestic laws,regulations and judicial interpretations.Meanwhile,the judicial practice of the judicial organs of our country to exercise the criminal jurisdiction of the exclusive economic zone is negligible.This article will be based on the investigation and analysis of criminal legislative jurisdiction and criminal judicature jurisdiction in the exclusive economic zones of the relevant coastal states,discussion on the problems existing in the juridical practice of criminal legislative jurisdiction and criminal judicature jurisdiction in the exclusive economic zone of our country,on the basis of comparison and reference,putting forward perfect path of criminal legislative jurisdiction and criminal judicature jurisdiction in the exclusive economic zone of our country.Besides the introduction and conclusion,the text of this article is divided into five chapters:The first chapter introduces and analyzes the basic concepts related to thecriminal jurisdiction in the exclusive economic zone,such as “sovereignty”,“sovereign rights”,“jurisdiction”,“criminal jurisdiction” and so on.The second chapter introduces the Convention general provisions and the limitation of criminal jurisdiction in the exclusive economic zone;analyses of cases involving the jurisdiction in the exclusive economic zone that is heard by the international judiciary;investigates the legislation and juridical practice of the criminal jurisdiction in the exclusive economic zone of the related coastal States;discusses the conflict of criminal jurisdiction between the coastal State and other States in the exclusive economic zone.The third chapter introduces the practice of our country's criminal legislative jurisdiction in the exclusive economic zone,including laws,regulations and judicial interpretations,and analyzes the shortcomings of our country's criminal legislative jurisdiction in the exclusive economic zone.The fourth chapter introduces the practice of our country's criminal judicature jurisdiction in the exclusive economic zone,analyzes the existing cases in our country,and discusses the implementation dilemma of the criminal judicature jurisdiction in the exclusive economic zone.The fifth chapter compares and refers the legislation and juridical practice of the criminal jurisdiction in the exclusive economic zone of the related coastal States,in view of the problems existing in the practice of our country's criminal legislative jurisdiction and criminal judicature jurisdiction in the exclusive economic zone,puts forward perfect path of our country's criminal legislative jurisdiction and criminal judicature jurisdiction in the exclusive economic zone.