Research On The Criminal Jurisdiction Of China’s Exclusive Economic Zone

Exclusive economic zone belongs to the sea areas under the jurisdiction of our country,ranging from the estimate of the baselines of the territorial sea about two hundred nautical miles of a piece of sea.In other words,there are two types of sovereign rights of coastal states over the EEZ.The first type is economic sovereign rights,which is an ontological right.The second category is the rights that the coastal states must have for the purpose of safeguarding the criminal jurisdiction over these rights,including legislative power,executive power and judicial power.Such rights can be called safeguard rights,or the right to make criminal laws and criminal jurisdiction from right belongs to safeguard rights.My country has not been as active as other States in exercising the various criminal jurisdictions conferred on coastal States by the Convention.This is reflected in that first of all,China has not actively exercised relevant criminal legislative power,and has not given a clear concept of the spatial effect of penalty in the EEZ.There are not even legal rules based on criminal jurisdiction under the Convention.The Exclusive Economic Zone and Continental Shelf Law do not provide detailed provisions on the charges,crimes and penalties involved in the criminal acts of the coastal states that have jurisdiction over the exclusive economic zone.Again,for example,introduced in 2016 has not really made in China has been clear about the two judicial interpretations in the criminal jurisdiction in the exclusive economic zone,is a very rough rules of several crimes,also not too positive exercise in the criminal justice in China,more focus on the administrative law enforcement,Just carry on administrative law enforcement to its then nothing.Under such circumstances,the increasing number of maritime crimes and China’ s neglect of criminal punishment for maritime crimes will certainly have a great impact on maritime rights and interests.Within the limits of the United Nations Convention on the Law of the Sea(UNCLOS),China should give full play to these powers granted to coastal states by the UNCLOS,including criminal legislative jurisdiction and judicial jurisdiction,and improve the relevant legislative and judicial functions of China,which is a very necessary measure.In the exclusive economic zone law,it is clear that the exclusive economic zone is applicable to the criminal law,and the specific charges,crimes and penalties in the exclusive economic zone of China are increased through the amendment of the criminal law,so as to promote the legal order of China’ s exclusive economic zone to better govern in practice and safeguard China’ s maritime rights and interests.