On The Maritime Policing Power

In fact, the protection of the order of the sea is the responsibility of one state's maritime policing power (hereinafter referred to as "MPP") in the peaceful times. The international law of the sea lays firm foundation and provides abundant legal sources for the MPP. Therefore, the research on the MPP can promote the development of the theories and practices of the international law. Major developed powers have mature maritime policing systems which can provide reference for China and other states. MPP is a branch of state's policing power. However, the traditional studies on the policing power mainly concentrate on the land one. Therefore, the research on the MPP can also supplement the general theory of policing power. Based on the significance aforementioned, this article analyzes the MPP in a systematic and sophisticated way.Part I develops, by looking into the two kinds of policing power, the concept of MPP, which is followed by the analysis of the nature, characteristics and principles of the MPP, gives a brief introduction of the three theoretical bases of the MPP, presents the legal sources of it in the levels of international law and municipal law, analyzes the status of the international law in the internal state obiter, and discusses the two models of the MPP subjects, i.e. Pluralism and Centralism. Part II discusses the jurisdiction of the concerned power, giving an organized research on the jurisdictional issues in the context of the internal sea, territorial sea, contiguous zone, EEZ, the continental shelf and the high seas respectively. Part III analyzes the enforcement acts of the MPP. Six typical measures which are closely connected with the unique law-enforcement environment of the sea will be investigated carefully, including approach, hot pursuit, boarding and inspection, search, seizure and use of weapon. Part IV imports the concept of 20th century's service-oriented policing power into the MPP, and emphasizes the analysis of sea salvage and rescue. Part V analyzes the current situation of China's MPP system and proposes some suggestions for purpose of improvement. The last part concludes this paper.