Research On Legal Issues Of The Right Of Hot Pursuit

The 1982 United Nations Convention on the Law of the Sea(hereinafter referred to as the Convention),as an international programmatic document for regulating the oceans,provides a number of new modern maritime systems,as well as recognition and renewal of the original marine system.The right of hot pursuit is one of them.The right of hot pursuit is an indispensable and powerful means of safeguarding its own maritime rights and interests in the coastal countries.The most authoritative provisions on the system of the right of hot pursuit are the provisions of the Convention.Therefore,clarifying the right of hot pursuit will provide guidance for domestic legislation.It is important for coastal countries to reduce enforcement friction and defend the national marine interests.According to the arrangement of the international legislation or the implementation of the right of hot pursuit,there will be a comprehensive understanding of the right of hot pursuit,and then we will find the lack of domestic legislation about the right of hot pursuit compared to the Convention and propose the recommendations and measures,this is the original intention as well as meaning of writing this paper.This paper is divided into five parts.The first part introduces the general theoretical problems of the right of hot pursuit.First,it describes the role of the right of hot pursuit,not only for the coastal countries to maintain the strong support of marine interests,but also conducive to the fight against international crime.And then discusses the condition of the right of hot pursuit,which is mainly based on the provisions of the Convention with regard to the start and end of the hot pursuit,including the behavior that leads to hot pursuit and the issue of stop signal,as well as relevant provisions about the immediacy and continuity of the right of hot pursuit.The subject of the right of hot pursuit and the use of force,the responsibility arising from the improper hot pursuit are also discussed in detail.Finally,the right of hot pursuit and the right of visit is not isolated and apart with each other.It is necessary to analyze distinction and contact between them.The second part introduces the historical evolution of the right of hot pursuit and its source of law,at the international level,the right of hot pursuit is evolved from the international custom,through the theory and practice of cross-promotion,and ultimately in the Convention to be defined as a formal ocean system.At the level of domestic law,The author combs the current situation of Chinese domestic legislation,especially cross-chaotic situation,to pave the way for the following narrative.In the third part,according to the previous analysis,based on the comparative analysis of the provisions of the Convention,the author points out the existing problems of our country in the practice of the right of hot pursuit to find out the problems of legislation.Finally,the fourth part of the paper,on the basis of problems of legislation,author put forward countermeasures and recommendations in order to achieve the perfect legislation of the right of hot pursuit and better use in the practice of marine rights.