A study on the administrative inspection(search) on the vehicles at sea

• Main Authors: Chao-Mou Tseng, 曾昭牟
• Other Authors: Chen-Yo Choh
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/21878880742826051800

碩士 === 國立海洋大學 === 海洋法律研究所 === 92 === The distinction between administrative inspection and criminal detection has been a controversial issue among jurists for a long time. In December 2002, the Judicial Yuan of R.O.C enacted Grand Justices Council Reporter resolution No.535. We will proceed to research: how our government authority to adapt themselves to obey the above resolution in order to establish a sound regulation at sea. The police act of stop and detain of the suspected ships are lawful, after the No.535 Interpretation of Grand Justice Conference. And the act of police which is administrative inspection（administrative search）is used on the land without extended to the sea. However, the Coast Guard Administration is the prime organization for law execution at sea in our country, and officials of the Coast Guard Administration can use administrative inspection as the police on the land. Officials of the Coast Guard Administration must to follow the principle of the No.535 Interpretation of Grand Justice Conference, when the act of administrative inspection to the people is detrimental. It is to say that officials use administrative inspection must have a reasonable suspicion that movable vehicles engaged in illegal acts at sea, or use criminal search must have a probable cause that movable vehicles or people on boards engaged in illegal acts at sea. When the people were damaged by illegal acts of officials of the Coast Guard Administration, it must have some laws or administrative decrees to settle, including the Administrative Procedure Act, Administrative Litigation Act and so on.