碩士 / 國立海洋大學 / 海洋法律研究所碩士在職專班 / 91 / According to the statistical data, the global piracy problem is more and more serious, particularly in the Asia-Pacific area. The problem has much influence on their development, including sea transportation, fishery, commercial and economy. Furthermore, the Taiwan Strait and the nearby sea, located in the center of Asia-Pacific region, is also a region suffered serious piracy problem. However, what is the definition “Deed of Piracy”? Is there any clear definition or rules about “Deed of Piracy” in the International Law? Is there any relation between the deed of piracy in the International Law and the piracy crime of the interior law? Are there any criminal rules about the piracy crime in the laws on the two sides of the Strait? How would the two sides of the Strait deal with the piracy issues and how would the authorities find a good way to prevent the problem?
The destination of this thesis is to research the possibility of signing an agreement of legal assistance or aid in criminal matters with setting asides the nationality principle, so as to stroke the piracy problem together , create a fine lawful order across the Straits and make a good environment for both development of fishery, sea transportation, commercial and economy; by introducing the piracy deed of the international laws, exploring the rules about piracy crime from the criminal laws of both the Strait, and analyzing the relation between the deed of piracy in the International Law and the piracy crime of the interior law.
This thesis includes 7 chapters as set forth in the following structure.
Chapter 1: Introduction: the inspiration and purpose of the thesis and the scope and methodology of the research.
Chapter 2: To introduce the past history of content of piracy from the Ancient Greek & Rome Age; the Middle Age (6th to 15th century); the Modern Age (16th to 19th century); to the Present Age (20th century to nowadays). And to explore the development of international rules about piracy deal on the basis of customary international law; the 1926 Report of the Sub-committee of the league of Nations Committee of Experts for the Progressive Codification of International Law (Draft Provisions for the Suppression of Piracy); the 1932 Harward Research in International Law, Draft Convention on Piracy with Comments ; the 1958 Geneva Convention on the High Seas ; the 1982 United Nations Convention on the Law of the Sea ; and the 1988 Rome Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. Finally, to explore the relation between the deed of piracy in the International Law and the piracy crime of the interior law.
Chapter 3: To introduce our present criminal law about piracy crime on §333I “Piracy Crime”, §333II “Pre-Piracy Crime”, and §334 “Piracy-Combined Crime”. Finally , to provide the criticism and suggestion for modifying the present rules.
Chapter 4: To introduce the present rules on §122 “Hijack Ship Crime”, §263“Extra-Robbery Crime”, since that there’s no rules about “Piracy Crime” in present Criminal Law of P.R.C.. Finally , to provide the criticism and suggestion for modifying the present rules.
Chapter 5: First, to describe the general situation of piracy crime across the Strait. Second, to explore the co-operation prevention crime system on the Kinmen Agreement, the International Criminal Police Organization, and between the Association for Relations across the Taiwan Strait and Straits Exchange Foundation. Finally, to analyze the difficulty and conflicts on the present co-operation prevention crime system across the Straits.
Chapter 6: First of all, to discuss the nationality principle across the Straits. Secondly, to introduce the theory of the United States, ”Conflict of Interior Laws based on the Federal ”; the Theory of West Germany, “the Application for Region-Criminal Law based on Separated Nations”; and the Principle of Application for International Criminal Law; and to discuss the possibility to apply these to the Strait. The third, to ensure the possibility, necessity, and practicability to sign an agreement of legal assistance or aid in sea criminal matters so as to prevent the piracy crime across the Strait. Finally, to discuss the principles ensured and the concrete content on signing the agreement.
Chapter 7: Conclusion: to provide the research and suggestion for the further legal assistance or aid in sea criminal matters between the two authorities. And in the hope of extending its application for the prevention of other sea crimes on the Strait.
| Identifer | oai:union.ndltd.org:TW/091NTOU1273004 |
| Date | January 2003 |
| Creators | 林志勇 |
| Contributors | , 周成瑜, 謝立功 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 211 |
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