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A Study of Punishment of Pirate Crime

Author: XuFang
Tutor: WangQiuLing
School: Dalian Maritime University
Course: International Law
Keywords: Pirate Crime International Convention Domestic Legislation
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 25
Quote: 0
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Abstract


In recent years, the rampant piracy in Somalia, the Gulf of Aden off Somalia as a whole has become the world’s most dangerous waters.Somalia pirates is growing more and more heated, for the international marine and maritime safety of life and property and pose a great threat and challenges, so that the offense of piracy has once again become the focus of attention around the world. The piracy has violated the international navigation order and humanity’s life, health as well as the property, and has harmed the people of the world enormously to the marine navigation security confidence, endangers the international marine transportation enterprise directly the normal development. Therefore, how to take the practical effective measure to punish the pirate crime has become the problem which the international societies have to face together. This article carries on as to the pirate crime’s punishment question the discussion and the analysis, and makes every effort to propose the solution countermeasure.This paper includes analysis,comparison, induction and other research methods. The first chapter of this paper using inductive method, firstly summed up the historical evolution of the crime of piracy, violating the international navigation order and humanity’s life, health as well as the property, and the international marine transportation enterprise directly the normal development, secondly summarizes the concept of the crime of piracy, constituent condition, and finally conclude in the situation and characteristics of the crime of piracy. The second chapter describes the punishment of the crime of piracy norms of international law legislation and judicial limits,analyzes the international law legislation used to punish the pirate crime and compares the differences between pirate crime and other similar international crimes. The third chapter analyzes domestic legislation and judicial punishing the crime of piracy, introduces typical legislative case of other countries punishing the crime of piracy and legislation and judicial of our country. The fourth chapter introduced effectively punishing the crime of piracy legislation suggestion, including international law legislation and domestic legislation suggestion. In order to close a criminal breaking the law, the punishment of the crime of piracy not only the need for the international community to constantly improve the corresponding international legislation, our country should also continue to improve China’s domestic legislation punishing the crime of piracy. International and domestic two ways complementary and mutually reinforcing, so that prevention of and punish the crime of piracy can be a more effective functioning of the mechanisms.Based on the above analysis, proposed that present "Criminal law" additionally builds the pirate crime in our country, and to additionally build the pirate crime’s necessity and the feasibility has carried on the moderate analysis. To sum up, hope that the above analysis and recommendations have been helpful to the development of punishing the crime of piracy.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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