Research On The Jurisdiction Over Piracy And The Relevant Legislation Of China’s Judicial Jurisdiction

At present,the active piracy in Somalia has severely endangered the shipping safety of China and the Belt and Road Initiative.As an international shipping power and one of the five permanent members of the UN Security Council,China is thus in a practical demand to positively exercise jurisdiction over piracy for the following reasons:first,to ensure the marine traffic safety,and to implement the Strategy of Maritime Power;second,to punish and prevent piracy crimes,and to protect the private legal rights and interests of domestic and foreign merchant ships;third,to fulfill obligations under international law,and to safeguard the:interests of the international community as a whole;forth,to promote international judicial cooperation,and to improve the domestic maritime judicial system.This dissertation begins with analysis of the international and domestic legislations over piracy,the constituent elements,jurisdictional conflicts,and compares the current legislative status over piracy in various countries/regions,then demonstrate the legal basis and practical significance of the independent incrimination and special jurisdiction over piracy,at the end put forward relevant suggestions.This dissertation includes preface,text and conclusion.The text is divided into four chapters.Chapter 1 is a discussion of the basic issues:beginning with the development in history and the trend of piracy,it outlines the basic definition of piracy and current threats,then discusses the elements of the crime of piracy and the differences from similar crimes,finally explains the legal sources of piracy and summarize the characteristics of the principle ofjurisdiction over piracy.The second and third chapters are the main parts of the comparative study.Chapter 2 deals with the international legal sources of jurisdiction over piracy.Chapter 3 compares the scope and structure of law about jurisdiction over piracy in various countries/regions,and analyzes the differences in the main modes of jurisdiction over piracy and the current situation of international judicial cooperation,further discusses the practical problems of piracy penalty difference under different modes and the difficulty of establishing international judicial institution to unify punishment.Chapter 4 provides legislative suggestions on jurisdiction of China over piracy.It illustrates the necessity and feasibility of adding piracy as a charge and implementing the special jurisdiction,and introduces the Admiralty Courts in the UK as examples.