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《Annual of China Maritime Law》 2010-04
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Jurisdiction of the crime committed on the ship located in other state's internal water

SHAO Wei-guo1,SHAO Xiao-fan2(1.Law School,Guangzhou University,Guangzhou 510006,China;2.Law School,South China Normal University,Guangzhou 510006,China)  
Focusing on the issue concerning the jurisdiction of the crime committed on the ship located in other state's internal water,the paper draws the following conclusion—flag states can't employ the territorial jurisdiction to exercise the jurisdiction of the crime and the coastal states,harbor States have the exclusive territorial jurisdiction of the crime committed in their internal water.In general,the oceanic coastal States can exercise their jurisdiction of the following crime——firstly,the crime committed by their citizen or the crime causing damage to their citizen,secondly,the crime causing damage to the oceanic coastal state's peace and security,third,the action and crime which violate the law concerning the quarantine,entry and exit of a country,security of the sea,customs affairs,water pollution or forbidden drug trade,fourth,other severe crimes.According to the international practice or bilateral consular treaty,flag states other than coastal states can exercise the jurisdiction to crime which is slight and does not affect the order outside the ship.
【Fund】: 广州市哲学社会科学规划基金项目《海上国际犯罪的刑事管辖权研究》(08Y05)
【CateGory Index】: D996.19;D993.5
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