论专属经济区刑事管辖权的行使

Research on Authority of Criminal Jurisdiction over the Exclusive Economic Zone

对专属经济区行使刑事管辖权是保护主权权利和法理维权的需要,我国一直疏于行使该项权利。《联合国海洋法公约》对沿海国行使刑事管辖权既予以肯定又予以限制,我国应在该《公约》规定的范围内积极行使刑事立法管辖权和刑事司法管辖权,在附属刑法中对外国人侵犯我国主权权利及其附属权利的犯罪行为规定刑罚罚则,避免刑事立法空洞化。同时我国应对权属无争议专属经济区依法行使刑事管辖权,对权属重叠或争议的专属经济区根据对等原则行使刑事管辖权,并严格遵照《公约》规定保障当事国、当事船舶、当事人的权利。

Exercising the authority of criminal jurisdiction over the exclusive economic zone is the need of pro- tecting sovereign rights and maintaining legal rights, which is neglected by our country all the time. The affirmed and restricted reaction could be seen from The United Nations Convention on the Law of the Sea on exercising crimi- nal jurisdiction by the coastal states , our country should be active in exercising criminal legislation and criminal ju- risdiction within the scope of the provisions of the Convention, as to the invasion of our sovereign rights and ancil- lary rights by aliens, the accessory criminal law should regulate provisions penalties in order to avoid the hollowing of criminal legislation. At the same time, China should exercise criminal jurisdiction over the exclusive economic zone with ownership without controversy, and the one with controversy or overlap, however, the latter should be ex- ercised according to the principle of reciprocity and in strict accordance with the provisions of the Convention to guarantee the rights of state party, party flag, and the parties.