Study On The Issues Of Use Of Force In Maritime Law Enforcement

In recent years, the problem of force using in maritime law enforcement activities has caused wide attention in the international community. Attitude of related international covenants such as The United Nations Convention on the Law of the Sea on this issue is more fundamental, which makes force using in maritime law enforcement fail to get effective regulation, as well as the frequent abuse of force. Many ships in China have been in force control, such as "New star","Palau event" and "The issue of Diaoyu Island in7th, sep". From the specific practice of coastal states and the results of international maritime court, we can see that necessary and reasonable use of force is allowed, but we have to solve the problem of force using in maritime law enforcement in the law and mechanism.This paper points four parts to discuss.The first part is the summary of force using in the maritime law enforcement. Firstly, the "maritime law enforcement","the subject of law enforcement","law enforcement tools" and "the object of law enforcement" is defined. Then it defines the connotation, denotation and properties of "use of force".Finally, it discusses the use of force in the maritime law enforcement on the basis of legal theory and practice.The second part discusses the condition and limit of maritime law enforcement force use. First of all, the use of force in the maritime law enforcement must meet enforcement objects".Secondly, the coastal countries must comply with not only the necessary and reasonable principles, but also the statutory procedures of force using.The third part is the cognizance of the illegal use of force foreign to our ship. Firstly, it discuss how to recognize the illegality of the foreign ships using the force to our ships in disputed waters; Secondly, when foreign ships using force to our ships in waters without disputed, how to identify its illegality is discussed.The fourth part elaborates the countermeasures that our country deals with the foreign illegal use of force. For the illegal use of force foreign to our ship, our country can adopt domestic measures and international measures.Through the four parts above, we can conclude that facing foreign unlawful use of force, our country can take effective measures to safeguard our legitimate rights, but we should also improve the mechanism of maritime law enforcement used to escort for the strategy of sea power.