The Criminal Regulation Of The Illegal Fishing Of Foreign Fishing Vessels Under China’s Jurisdictional Waters

In recent years,foreign fishing boats have illegally invaded China’s waters from time to time,occupying the legal working space of Chinese fishermen,and even violently resisting law enforcement,which poses a double threat to China’s Marine resources conservation system and national sovereignty.Past to foreign fishing boats restraint,tolerance,but little effect,now our country needs to change inherent thinking,into action to curb such violations,and by perfecting the fishing behavior of criminal legislation,within the limits of international law fully effectively exercise maritime criminal jurisdiction,pay attention to the international and domestic related laws,etc.,to effectively safeguard our maritime rights and interests,realize the maritime power strategy provide powerful criminal law guarantee.This paper studies the related theory of domestic law and international law,and adopts the standard analysis and comparative analysis method,around the basic concept,introduces the current legal regulation of fishing behavior and the practical experience,discusses the necessity of criminal law regulation of foreign fishing behavior,analyzes the reality of fishing behavior,and put forward the solution at the end.During the course of this paper,First,the literature research method is used to comb,According on the relevant concepts of foreign fishing boats in the waters under the jurisdiction of China,Starting from the function of criminal law,It shows that the regulation of punishment and fishing is the inevitable choice under the social situation and the realistic demand of safeguarding Marine rights and interests;next,It on the practical situation of foreign fishing vessels,Lay the foundation for the presentation and analysis of the problems below;once more,Summarize the practical problems in the process of foreign fishing boats and analyze them deeply,Analyze its causes from the subjective and objective perspective;catch,Introduce the useful experience of criminal sanctions in foreign countries by comparative analysis,To further improve the criminal regulation system of foreign fishing boats in China;last,Guided by the existing problems in the criminal punishment of fishing behavior,Put forward the countermeasures to regulate foreign fishing boats to conduct illegal fishing behaviors in the waters under our jurisdiction.