The Criminal Law Regulation Of Illegal Cross-border Fishing

With the rising strategic position of oceans,coastal countries pay more and more attention to oceans and their resources,especially fishery resources.Of course,China is no exception.However,due to the reduction of offshore fishery resources,the disappearance of traditional fishing grounds and the controversy over maritime delimitation,more and more fishermen,in order to obtain more fishing volume,illegally enter the waters under the jurisdiction of other countries for illegal cross-border fishing without permission.Although the three decrees have been repeated,the problems caused by them have become increasingly prominent and seriously damaged our country.The order of fishery management threatens the safety of fishermen's lives and property,and even causes diplomatic problems,which is harmful to our friendly relations with other countries and our national image.There are some deficiencies in the regulation of illegal cross-border fishing in China's relevant laws,and regulations,and the penalties are mostly confiscated and fined.However,few people in the theoretical circle of criminal law ask whether fishing vessels illegally enter the waters under the jurisdiction of other countries without approval in violation of the relevant provisions constitute a crime or not,under what circumstances are they regarded as crimes,as well as the charges,types of punishment and penalties for the crime.Penalties are not prescribed.Regardless of the seriousness,they are punished by administrative penalties,but this has not achieved good results and effectively stopped the occurrence of this act.Lack of legislation and theory inevitably leads to judicial frustration.In practice,due to the lack of uniform identification of illegal cross-border fishing liability,the application of relevant laws is not clear,and there are great differences in the accountability of law enforcement personnel.Therefore,it is of great significance to regulate illegal cross-border fishing by criminal law.This dissertation is divided into four parts.The first part is an overview.It mainly introduces the general principles of illegal cross-border fishing.It defines illegal cross-border fishing as unauthorized illegal entry into the waters under the jurisdiction of other countries,and expounds the reasons for such illegal cross-border fishing.The second part analyses the necessity of criminal law regulation on illegal cross-border fishing from the following aspects:serious harm and adverse effects of illegal cross-border fishing,insufficiency of existing administrative and criminal laws,effective suppression of such acts by criminal law regulation,etc.,and elaborates on the purpose of criminal law,legislative principles and judicial practice of China's criminal law to punish illegal cross-border fishing.Legal regulation means the feasibility of establishing related charges.The third part compares and distinguishes the similar offences related to illegal cross-border fishing in the current criminal law of our country,and analyses why the offences of smuggling across the border and illegal fishing for aquatic products are not applicable to illegal cross-border fishing.The fourth part elaborates the establishment of the crime of illegal cross-border fishing and its penalty settings in detail,and innovatively puts forward the provisions of "prohibition of employment" for the subject of the crime,which makes the establishment of the crime of illegal cross-border fishing more comprehensive and fills in the relevant theoretical gaps.Limited to the length of the dissertation and the author's level,errors and improper are unavoidable.I only hope that more scholars will pay attention to the study of illegal cross-border fishing.