Maritime law enforcement - the procedure of maritime law enforcement by maritime patrol directorate general

• Main Author: 曾彥雄
• Other Authors: 李震山
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/11144535920499416161

碩士 === 國立政治大學 === 法律學系碩士班學士後法學組 === 98 === Maritime law enforcement is the fundamental issue for the national security as well a great component for the social and economic stability. This is the trend of international society, especially on the aspects of the highly advancement of scientific technology and the upward surge of human right. People become non-passive on the carrying-out of .law enforcement without contortion and actively conform to the quality and standard of laws by the institutional performance. It is noted that people have serious considered their individual rights, especially to the limitation or prohibition of their rights after the release of 535 th solution by the grand justice. It is the obligation of law maker or practitioner to carefully examining people’s right.Coast Guard Administration of Executive Yuan is the sole institution responsible for maritime law enforcement. Its maritime law enforcement scope consists of internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf and the high seas. The CGA enforce the laws and conform to not only the nation, but also the international jurisdiction rights. The right of approaching, hot pursuit, boarding and searching are various types of the maritime power’s implementation,that has a affinity with the rights and obligations of people,often aggrieve human essential rights. From the 535th solution released by the grand justice conference, we can see the importance of human essential rights. Therefore, maritime law enforcement workers should face them more carefully and rigorously in order to protect human rights. When people were damaged by illegal or unmerited action of employees from the Coast Guard Administration that should give people chances to relieve.CGA is one domestic and special maritime enforcement institution, which ambit of law enforcement includes internal waters, territorial sea, contiguous zone, exclusive economic zone (EEZ), continental shelf and high sea. Firstly, the methods of maritime law enforcement could be divided into three aspects: for humans, objects, and the boats including the right of approaching, right of hot pursuit, and boarding and inspection. Besides, the procedure of maritime law enforcement includes sea interception, boarding and inspection. Secondly, this study distinguishes among law enforcement, criminal rummage and detainment. Eventually, it analyzes the problems which occur during the task of coast guard institutions enforcing rummage. Overall, coast guard personal executes the task on the sea is certainly full of various risks and harassment which is more difficult than policemen does on land. Therefore, the exclusive laws of duty should be made for coast guard intuitions to obey in law enforcement and as to unify into statutory missions.