Abstract
On 20 February 2020, the Supreme People’s Court, the Supreme People’s Procuratorate and the China Coast Guard jointly issued the Notice on Issues concerning Jurisdiction of Maritime Criminal Cases (hereinafter the “Notice”). The Notice aims to ensure the effective performance of maritime right-safeguarding and law enforcement functions by the coast guard agencies, punishing maritime crimes by the law and protecting the State’s sovereignty, security, maritime rights and interests, as well as maritime order. Maritime criminal cases have strong international implications and their jurisdiction is subject to this short discussion. It is observed that by clarifying maritime criminal cases jurisdiction may to some extent reduce potential disputes in the context of law enforcement activities.
This is a preview of subscription content, log in via an institution to check access.
Similar content being viewed by others
Notes
The Supreme People’s Court, the Supreme People’s Procuratorate and the China Coast Guard jointly issued the Notice on Issues concerning Jurisdiction of Maritime Criminal Cases, (Hai Jing [2020] No. 1), 28 February 2020.
Chinese Communist Party Central Committee, The Deepening Reform Program for Party and State Institutions, Third plenary meeting of the 19th Central Committee, 28 February 2018. (in Chinese)
NPC, Decision of the Standing Committee of the National People’s Congress on the Exercising of the Maritime Right Safeguarding and Law Enforcement Functions and Powers by the China Coast Guard, available at: http://www.npc.gov.cn/zgrdw/npc/xinwen/2018-06/22/content_2056585.htm, Accessed January 24 2021. (in Chinese)
The Decision of the Standing Committee of the National People’s Congress on Amending the Criminal Procedure Law of the People's Republic of China, available at: http://www.gov.cn/xinwen/2018-10/26/content_5334890.htm, Accessed January 24 2021. (in Chinese)
Notice on the Relevant Issues concerning the Handling of Cases of Legal Violations and Crimes Occurring at Sea, (Gong Tong Zi [2007] No. 60), 17 September 2007. (in Chinese)
Interpretations of the Supreme People’s Court on Application of the Criminal Procedure Law of the People’s Republic of China, Adopted at the 1559th meeting of the Judicial Committee of the Supreme People’s Court, 5 November 2012. (in Chinese)
Criminal Procedure Law, The third amendment of the Decision on Amending the Criminal Procedure Law of the People’s Republic of China at the sixth meeting of the Standing Committee of the 13th National People's Congress on 26 October 2018.
Provisions on the Procedures for Handling Criminal Cases by Public Security Agencies, on 13 December 2012, the Ministry of Public Security Order No. 127 was revised and issued by the Ministry of Public Security Order No. 159 on 20 July 2020, The Ministry of Public Security Decision on Amending the Regulations on the Procedures for Handling Criminal Cases by Public Security Organs. (in Chinese)
Criminal Law, President’s Order No. 30, 1 November 2017. (in Chinese)
References
Bing, H. (2007). An Analysis of the Trial Mechanisms of Overlapping Maritime and Criminal Cases, China Oceans Law Review 2007. No., 2, 125–131.
Chang, Y. C. (2019). The South China Sea Disputes: An Opportunity for the Cross Taiwan Strait Relationship. Asian Yearbook of International Law, 22, 50–68.
Y.C. Chang, The Use of Force during Law Enforcement in Disputed Maritime Areas, Marine Policy124 (2021) https://doi.org/10.1016/j.marpol.2020.104382.
Chang, Y. C., & Li, X. (2019). The Disappearance of the State Oceanic Administration in China?—Current Developments. Marine Policy, 107, 1–3.
Dutton, Y. M. (2012). Virtual Witness Confrontation in Criminal Cases: A Proposal to Use Videoconferencing Technology in Maritime Piracy Trials. Vanderbilt Journal of Transnational Law, 45(5), 1283–1340.
Y. Gao, Regulate the Jurisdiction of Maritime Criminal Cases, Based on the Judicial Needs of Maritime Law Enforcement, Prosecutorial Daily, https://www.spp.gov.cn/spp/zdgz/202003/t20200303_455596.shtml, Accessed January 25 2021. (in Chinese)
Jarvis, R. M. (1992). Common Ethical Problems in Maritime Criminal Cases. Journal of Maritime Law and Commerce, 23(3), 387–410.
Salazar, J. N. (1996). Original Jurisdiction in Criminal Cases. Philippine Law Journal, (71, 1), 37–56.
Acknowledgements
The author would like to declare that there is no conflict of interest in preparing this manuscript. The field work is supported by the following project: The National Social Science Fundamental Project, China, ‘Research on China’s Maritime Rights Protection under the Perspective of the Maritime Community with a Shared Future’ (Grant No. 19VHQ009).
Author information
Authors and Affiliations
Corresponding author
Additional information
Publisher’s note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Rights and permissions
About this article
Cite this article
Chang, YC. Clarifying Maritime Criminal Cases Jurisdiction and its International Implications—Current Legal Developments in China. Crime Law Soc Change 77, 451–458 (2022). https://doi.org/10.1007/s10611-021-10002-1
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10611-021-10002-1