Research On The Legal Mechanism Regarding Maritime Anti-terrorism From The Perspective Of Global Governance

In recent years,the crime of terrorism continues to occur at a high rate and presents many new types,making it a class of crime with extremely serious social harm,which has a great impact on economic development and social stability.Strengthening the legislation to punish the crime of terrorism is an important legislative trend of the international community at present.In anti-terrorism criminal legislation,we should pay attention to the implementation and implementation of the theory of global governance,gradually improve the legal system of anti-terrorism,integrate anti-terrorism resources to strengthen international cooperation in anti-terrorism,and deal with the increasingly serious crimes of terrorist activities.The crime of terrorism at sea has its unique attributes,which should be in line with the factors of the sea itself and put forward countermeasures to counter terrorism at sea.Starting with the overview of maritime anti-terrorism legal mechanism from the perspective of global governance,this paper analyzes the current status of maritime anti-terrorism legal mechanism and the obstacles to its construction.Finally,from the perspective of international law and domestic law,this paper puts forward countermeasures on how to effectively construct maritime anti-terrorism legal mechanism from the perspective of global governance.Starting with the overview of maritime anti-terrorism legal mechanism from the perspective of global governance,this paper analyzes the current status of maritime anti-terrorism legal mechanism and the obstacles to its construction.Finally,from the perspective of international law and domestic law,this paper puts forward countermeasures on how to effectively construct maritime anti-terrorism legal mechanism from the perspective of global governance.This paper is divided into four parts:Part ?: Discusses the theoretical basis of maritime anti-terrorism legal mechanism from the perspective of global governance.(1)Definition of the crime of terrorist activities.First,the origin of terrorist crimes.By tracing the origin of the early terrorist acts.Second,the concept of terrorist crime.List the different recognition and definition of terrorism in the current society.Thirdly,the essence of terrorism crime.Through the analysis of the connotation of the crime of terrorist activities from different angles,and then put forward their own views(2)the connotation and extension of the crime of maritime terrorist activities.First,the connotation of the crime of terrorism at sea.According to the essence of the crime of terrorism,the origin and manifestation of maritime terrorism are defined.Secondly,the extension of the crime of terrorism at sea.Through the analysis of the relationship between maritime terrorism crime and other maritime criminal organizations,this paper points out that maritime terrorist organizations are closely related to pirates.(3)Definition of maritime anti-terrorism legal mechanism from the perspective of global governance.First,from the perspective of global governance,the background of maritime anti-terrorism legal mechanism and its theoretical basis are explored.Secondly,the essence of maritime anti-terrorism legal mechanism from the perspective of global governance.Through the elaboration of its manifestation,the connotation and value of this legal mechanism can be accurately defined.(4)The necessity of perfecting maritime anti-terrorism legal mechanism from the perspective of global governance.From the international and domestic perspectives,this paper analyses the theoretical basis and practical value of perfecting maritime anti-terrorism legal mechanism from the perspective of global governance,and abandons the traditional unilateral measures to deal with maritime terrorism crimes.Part ?: The statusquo of maritime anti-terrorism legal mechanism from the perspective of global governance.(1)The current situation of international law in combating terrorism.First,the specific application of the right of boarding system.As a precaution system,the right of boarding is more critical and effective than the punishment after the event.This paper mainly introduces the present situation of the current right of boarding system to regulate the crime of terrorist activities.Second,the specific application of criminal jurisdiction.Mainly elaborates the specific types of criminal jurisdiction applicable to punishing crimes of terrorism at sea.Thirdly,the situation of maritime anti-terrorism cooperation.This paper mainly introduces that the current norms of international law play an important role in Anti-terrorism at sea,and are gradually improving while facing new challenges.(2)Current situation of anti-terrorism in domestic law.Firstly,the anti-terrorism standpoint of criminal law norms.By elaborating on China's adherence to the criminal justice model of anti-terrorism,it shows that China adheres to the rule of law in anti-terrorism and provides effective guarantee for the anti-terrorism process of other countries and regions.Second,the convergence of domestic law and international law.China has actively signed maritime anti-terrorism cooperation treaties with other countries and regions to promote the integration of domestic law and international law,but overall,it still needs to be further improved.Thirdly,the penalty standard of the crime of terrorism at sea.With the gradual improvement of the charges of terrorist acts,they can basically meet the needs of social reality,and gradually have the trend of legislative expansion of crime pre-positioning.Part ?: Problems of maritime anti-terrorism legal mechanism from the perspective of global governance.(1)The level of international law.First,the scope of application of the right of access is too narrow.Aiming at the exception of applying the principle of "exclusive jurisdiction of flag state",this paper analyses its shortcomings and points out its shortcomings.Secondly,the crime of terrorism at sea has not been granted universal jurisdiction.This paper mainly elaborates the scope of application of universal jurisdiction,and demonstrates its defects in view of the fact that crimes of terrorism at sea are not included in the scope of universal jurisdiction.Thirdly,there is a lack of a sound basis for maritime anti-terrorism cooperation.Through the analysis of the deficiencies of the leading position of the United Nations,this paper further elaborates that the basis of cooperation among maritime anti-terrorism countries is not firm and the mode of cooperation is single.(2)At the level of domestic law.Firstly,the criminal law regulates the form of the Bureau for punishing terrorist crimes.It focuses on the current domestic punishment of terrorism crimes in China,the internationalization of criminal law norms in the form,and the lack of understanding of the essence and value of globalization.Secondly,there is no effective combination of domestic legislation and international law.By comparing the international criminal law norms with the domestic criminal law norms,we can find out the similarities and differences between them,and then analyze the shortcomings of the domestic criminal law norms in line with the international criminal law norms.Thirdly,terrorist crimes are confused with ordinary criminal offences.Terrorist crimes have serious social harmfulness and should be punished more vigorously.From the perspective of penalty,this paper demonstrates that the current legal system is obviously lighter in punishing terrorism crimes.Part ?: The countermeasures to improve the maritime anti-terrorism legal mechanism from the perspective of global governance.(1)Suggestions on the optimization of maritime anti-terrorism international law from the perspective of global governance.First,expand the scope of application of the right of boarding.In view of the above analysis of the shortcomings of the legal system of the right of boarding,this paper further demonstrates the rationality and legitimacy of bringing the crime of terrorist activities at sea into the scope of compulsory boarding.Secondly,establish universal jurisdiction over crimes of terrorism at sea.Taking the crime of piracy as an entry point,this paper demonstrates the legitimacy and necessity of bringing the crime of terrorism at sea into the universal jurisdiction.Thirdly,we should broaden the channels of maritime anti-terrorism cooperation.By enumerating various modes of maritime anti-terrorism cooperation,this paper provides a reference for maritime anti-terrorism cooperation.(2)Suggestions on optimizing domestic law of maritime anti-terrorism from the perspective of global governance.First,we should promote the global governance of maritime counter-terrorism.The main analysis is that Chinese criminal law norms have a certain legal basis for global governance,and should conform to the trend of the times and the pattern of development,and then improve the concept of global governance in the criminal law norms.Second,we should improve domestic legislation and integrate it with international legislation.Based on the analysis of the differences between domestic and international criminal law norms,and guided by the theory of socialist rule of law with Chinese characteristics,this paper puts forward some countermeasures to improve the anti-terrorism problem at sea.Thirdly,the penalty standard for the crime of terrorist activities should be clearly defined.By reversing the traditional thinking of conviction and sentencing,this paper demonstrates that the standard of penalty for the crime of terrorism at sea is in line with the development requirements of the present era.