A Study On The Legal System Of The Right Of Visit On The High Seas

The thesis consists of introduction, conclusion and body which contain six parts,with a total of thirty-five thousand words.China is a maritime country with strong power and the largest maritime trade in goods, and it is particularly important to strengthen the marine safety and the rights protection. In this paper, legal interpretation, systematic analysis and comparison to explain the related issues are mainly used.Part One: The fundamental problem of this system. It clarifies the scope, the subject and the object. And then it makes a further understanding of the legal status and concept of the high seas through comparing the exclusive zone and the high sea. It analyzes the connotation of the right of visit via making clear on its character, the subject, the object and the procedures, etc.Part Two: The basic theoretical issues of exercising the right. The theoretical basis of the visiting is that maintaining the national interests of the non-flag countries and the freedom of the high seas and the common interests of mankind. And then it elaborates on the principle of visiting.Part Three: The specific reasons of implementing the right of visit on the high seas. Including that it prescribes the five reasons mentioned in article 110th of the UNCLOS, and other illegal acts in violation of regulations or international crime,which lead to the implementation of the right of the non-flag states.Part Four: The achievement on the right. It includes the purpose of the rules of procedure, the use of force in the process, the extent of the problem and the prudent obligation of notice on the found of the 1st part.Part Five: The follow-up measures based on different reasons aspects such as how to carry out, and the responsibility of the damage, etc.Part Six: The enlightenment on the high seas of the right of visit system on our country. Combining with the above analysis on the existing problems of legal system,it considers the reality in our country, and expects the achievement of-transformation and cohesion of the domestic legislation with the international rules.Conclusion: This system is an important one for the state to exercise marine jurisdiction to maintain marine safety and rights, but the exercise of the right of visiting varies according to the different interests enjoyed by the state in different seas.The high seas occupy the majority of the Earth’s surface area, the main channel of international navigation,international law provides the flag state jurisdiction,but also regulate the non-flag countries in specific circumstances of the jurisdiction of foreign ships to ensure that the high seas’ freedom and safety Then we should improve the high seas’system of the right of visit in accordance with international law,and so as to safeguard the national maritime rights and navigation safety better.