A Study Of Law Enforcement Practice On Safeguarding Marine Rights And Interest

Since the United Nations Convention on the Law of the Sea (hereinafter referred to as the convention) comes into force, on the basis of great marine economic value and current’poor land, rich sea’condition of the world’s resource, coastal states adjust their marine strategy and policy, plan from a strategic height, and participate in the competition of maritime rights and interests, in order to maximize their profit on marine interests. Ocean is increasingly becoming the important stage of international politics, military, economy and diplomacy showing an intensifying trend of the struggle for international maritime rights. As a country with both land and sea, China claims 3,000,000km2 ocean land jurisdiction, whereas nearly half of the claimed areas and some islands have disputes with neighboring countries. At the same time, some countries strengthen the power of the law enforcement at the sea, encroach on disputed reefs, enlarge oil and gas exploitation in disputed waters, frequently enforce military reconnaissance and measurement. Therefore, China is facing grim situation and challenges on maintenance of maritime rights and interests.Based on previous research results, this thesis explores and analyzes the theory of maintenance of maritime rights and interests, reviews the history of maintenance of China’s maritime rights and interests and analyzes the status quo, puts forward basic position and the strategic target for marine rights and interests, demonstrates the legal and historical basis of maintaining the marine rights and interests in the practice of China. On the basis of the above theory, this thesis analyzes law enforcement practice of China Marine Surveillance, forms a regular and specific practice mode on law enforcement for protecting marine rights, brings forward comprehensive control based new model, systematically analyzes existing problems in practice. The research also puts forward several suggestions on improving law enforcement efficiency for maintaining China’s marine rights. The specific research contents and results are as follows:Firstly, analysis of theory on maintaining Marine rights and interests. Based on comparative studies between the connotation and category of marine rights and interests, and the theories of maritime rights theory and sea power, several research are conducted, including interpreting the concept of maintenance of maritime rights and interests, putting forward its subject, content and pathways, summarizing its missions, clarifying its significance, building its theory, which aims to provide references for refining future relevant research in this field.Secondly, summary of the history of China’s maritime rights and interests maintenance. Generally speaking, the analysis includes many aspects, such as the germination of ancient sea power thought, the concerns of all previous dynasties on sea power, decay of sea power in the Ming and Qing dynasties, focus on sea power in the period of the republic of China, new development after the foundation of new China, and synchronous development with the word after the birth of the convention. Current situation of maritime rights and interests maintenance in China’s Yellow Sea, East China Sea, South China Sea and severe problems are analyzed. Then basic position and strategic objectives of China’s maritime rights and interests maintenance are put forward. Basic position covers basic principles and main pathways, important guarantee and support, etc.. Strategic objectives are explained from three stages: recent, medium-term and long-term, carrying through strategic orientation and goal programming for maintenance of maritime rights and interests.Thirdly, explanation of the legal basis of maintaining marine rights and interests. The combination of Marxist theory and international law, the system and principle of the convention, the existing legal defects, as well as the positive and adverse effects on maintenance of maritime rights and interests in China are analyzed. The legal basis including international and domestic laws, and the national policy is sum up. Based on the above analysis, it is pointed out that existing problems of the legal basis of marine rights protection include legislation lag, operational difficulty, large legal blank, low applicable law degree, and so on. Then these problems are analyzed. It is emphasized that the historical basis is a supplement to the legal basis. It mainly analyzes the practice of historic rights in China, involving historical sovereignty of Diaoyu Island, navigation rights of Tumen River, the nature of the nine section of the south China sea line, etc..Fourthly, analysis of law enforcement practice of China Marine Surveillance, evaluation of the practice, demonstration of practical confusion. It generally analyzes law enforcement and marine law enforcement, essence on law enforcement of marine rights protection, and outlines construction of main body of China’s marine rights protection law enforcement:establishment of China Marine Surveillance team, organization system and the responsibilities, the functions and development prospect. Based on exploring law enforcement practice mode for China Marine Surveillance rights protection, regular and specific surveillance modes are gradually formed. The model of the rights of surveillance era idea, full control, is put forward. It is estimated that this kind of surveillance model has the features of suitability for China’s conditions and effective maintenance of maritime rights and interests, etc.. Meanwhile, many reality confusions are illustrated, for example, formation of an integrated law enforcement team will take time, law enforcement basis is not sufficient, the top design for strategy is lacked, the law enforcement ability needs to be strengthened, the internal and external environment need improvement.Finally, countermeasures and suggestions to improve China’s maritime rights and interests maintenance law enforcement efficiency. Based on previous research results and the problems arising from practice, countermeasures and suggestions are put forward in terms of marine rights legislation, policy development and capacity building, environmental improvement, for example, strengthening the judicial cohesion of maritime law enforcement, exploring new pattern on building surveillance era, improving human handling capacity on crisis, and setting up new marine core values and human rights as a whole ocean strategy.Based on law enforcement practice of rights protection of China Marine Surveillance, this study provides theory and analysis methods for the law enforcement research on China’s maritime rights and interests maintenance, it helps to summarize and guide implementation on law enforcement of China’s maritime rights and interests maintenance more accurately, promote the future China marine law enforcement team safeguard national Marine rights and interests continuously, orderly and effectively.