Research On Criminal Regulation Of Non-harmless Passage In Territorial Sea

Maritime rights and interests bear on the survival and development of a country or nation,and affect its security,prosperity and prosperity.From the Angle of criminal regulation,aiming at the phenomenon that the rights and interests of China’s territorial sea are constantly infringed by the dangerous passage of foreign ships,this thesis analyzes the defects of China’s criminal law regulation on the non-harmless passage of foreign ships in the territorial sea,and puts forward corresponding solutions.The core points of the four parts are as follows:The first part clarify the sovereignty of territorial sea in our country,under the international convention for the regulation of our country meet four kinds of situations can exercise criminal jurisdiction,specific examples of the convention of the harmless through behavior type,exclude warships can exercise the right of immunity from criminal law,clearly define the eight kinds of non harmless to apply in our country criminal law regulation of through behavior.The second part expounds the necessity of adding the crime of endangering passage in the territorial sea to regulate the endangering behavior.Harm behavior with regulation of social harmfulness is needed,international convention for the criminal provisions of the applicable requirements in our country through the amendment of criminal law shall be applicable to the indirect conversion,is also the policy requirements of Marine power current construction in our country,the existing criminal law charges on its regulation,the offense involved charges applicable on many problems,unable to apply in judicial practice.Third part indicates that adding the territorial sea traffic regulation of the territorial sea sin the hazards,the feasibility of traffic behavior,the convention gives countries territorial waters belong to criminal jurisdiction and the power of the domestic law,our country criminal techniques appropriate to the regulate foreign ship waters harm to traffic behavior is reasonable and scientific,adding new crimes in the judicial application does not exist any obstacle.The fourth part puts forward legislative Suggestions on the harm to traffic behavior regulation of the territorial sea,can use for reference the experience of South Korea’s legislation in our country,and the integration of China’s national conditions to establish territorial harm through sin,and set the territorial sea hazards through the concrete legal punishment of sin,divided the boundaries of his sin,and criminal law to regulate foreign ship waters of harmless by crime in our country.