The Thinking Of The International Society Combat The Piracy

Piracy undermine the rules and practices of the ocean seriously, violating the order of international navigation, threating the normal development of international trade and peoples of the personal and property safety.Facing the rampancy of the piracy, it is the serious issue that how to strengthen the prevention and combating the piracy for the international community. So far, the international community have made unremitting efforts to prevent and punish the piracy. The "United Nations Convention on Law of the Sea" which adopted by the United Nations Law of the Sea Conference is the main legal basis to combat piracy currently. Recently, in order to provide a legal basis for combating Somali pirates, a serious of resolutions are adopted by the United Nations. But with the new situation, there are more and more shortages between the conventions, so it is difficult to combat Somali pirates. In addition, without the support of domestic law, the effectiveness of the provision in international law will be compromised and useless. For example,Although our country has the authority of sending warships to Somali to convoy and drive the pirates, we have no authority of arresting and trialing them for their attractive behaviors, one of the reason is political factors, another reason is the lack of provisions for the crime of piracy in domestic law. In order to fight crime with the pirates effectively, we need to strengthen and improve the international legislation concerning the crime of piracy, on the other hand, we should also strengthen and improve the domestic legislation of the crime of piracy.In this paper, we analysed the crime of the international and the domestic legislation from the view of international law and criminal law. There are three chapters, the first chapter describes the background of military strikes against Somali pirates. From the rise of piracy, explains the worldwide problems brought by the rampant piracy in Somali, and then explains the legal issues caused by countries sending warships to combat piracy off the Somali coast, for example, whether there are legal bases when combating pirates on the high seas, Somali's territorial waters and exclusive economic zone waters? Should we add the crime of piracy in our domestic law? The second chapter have two parts, the first part discusses the legal basis when combating piracy on the high seas, area of the Somali territorial waters and exclusive economic zone, then analyses the limitations of the legal basis. The second part discusses the necessity of adding crime of piracy in our country's criminal legislation. In the third chapter, we put forward a good proposal to the crime of piracy in international and domestic legislation on the legislative level(take our country as an example), and take measures to solve the problem of piracy on the practical level.All in all, in order to punish piracy crimes and maintain the order of the international community effectively, not only the international community need to improve the international legislation which punishing the crime of piracy constantly, but also requires us to improve the domestic legislation continually to combat the rampant piracy crimes better.