我国专属经济区刑事管辖权探究.docxVIP

我国专属经济区刑事管辖权探究 [Abstract] People can see the defects in terms of the legislation and law enforcement in the criminal jurisdiction over exclusive economic zone (hereafter referred to EEZ) of Chi na from the eve nt tha t “Chinese fisherman attacks on the South Korea coast guard? Therefore, it， s necessary to improve the criminal jurisdiction enforcement of China in EEZ? On the one hand, it is good to strike the offense to the law of sea of China in EEZ； on the other hand, it can provide legal basis to the future delimitation of China EEZ. [Key words】 Exclusive Economic Zone； Criminal jurisdiction； Law of the sea The maritime criminal Jurisdiction of China suffers challenge The confliet between Chinese fisherman and two South Korean Incheon coast guards (Mr? Li and another coast guard) in Yellow Sea area on Dec. 12, 2011 resulted in the consequence that 1 coast guard wounded and the other dead. Thereafter, South Korea polices arrested Chinese fisherman Cheng Dawei and sue him to the court? The local court of South Korea Inchon sentence him to 30-year imprisonment according to the applicable “EEZ law” on Apr? 19, 2012. . Later, the high court of South Korea gave the final judgment to the case, in which Cheng Dawe i, the cap tain of Chinese fishing vessel, was accused of stabbing the South Korea coast guard to death on Dec? 13, 2012 ； the court decided to maintain the 23-year imprisonment and 20 million KRW penalty - original judgment of the second instance? There is no definite border between China and South Korea in Yellow Sea are a-where the eve nt happened, and China will certainly not accept that judgment made by South Korea uni laterally in such kind of place； South Korea cannot sentence Chinese fisherman by the unilaterally applicable “EEZ law” . Furthermore, the judgment of South Korea is not in accordance with the criminal jurisdiction of coastal countries required by United Nations Convention on the Law of the Sea? There are limits to the punishment range and