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从目前理论界对海盗罪的研究来看,国内法方面,成果主要涉及对海盗罪的定义、法律规制和我国刑法对海盗罪的适用等,对于海盗罪的国内立法完善、有关海盗罪的惩治及打击等现实问题关注不够;国际法方面,对于打击索马里海盗问题的关注程度较高,但对于国际法规制海盗罪存在的缺陷、国际刑法和国内刑法在惩治和打击海盗罪方面衔接不畅等问题,鲜有学者论及或流于泛泛,而对国际社会是否有必要订立一部统一的《反海盗公约》、如何建立反海盗国际合作机制等重大现实问题,研究不够。
Judging from the theoretical research on piracy at present, the achievements in the domestic law mainly relate to the definition of piracy, legal regulation and the application of piracy in China’s criminal law. The improvement of domestic legislation on piracy and the punishment of piracy And the crackdown on real issues such as piracy. In international law, there is a high degree of concern about combating the problem of piracy in Somalia. However, there are still some shortcomings in the regulation of piracy under international law and the poor connection between international criminal law and domestic criminal law in punishing and cracking down on piracy Few scholarly scholars have discussed or gone beyond generality. However, there are not enough studies on the major real issues such as the necessity of establishing a unified “anti-piracy convention” for the international community and establishing an international anti-piracy cooperation mechanism.