A Study On Legal Basis Of Chinese Law Enforcement At Sea

Law enforcement at sea comes actually from such rights possessed by a country as sovereignty, sovereignty rights and jurisdictions. Law enforcement at sea means the oceanic enforcement body, in order to safeguard country’s sovereignty and vindicate the oceanic interests, on the basis of international convention, laws, rules and other regulations according to specific procedures to manage oceanic affaires and supervise the matters at sea, it guarantees well operation of marine law and realize the value of marine law. The legal basis is the precondition of law enforcement at sea, these rules, regulations involving oceanic affairs are the legal basis of law enforcement at sea, sound system of law enforcement at sea is the necessary condition of safeguard country’s sovereignty and vindicate the oceanic interests. The United Nations Convention on the Law of the Sea UNCLOS, regarding as the charter of worldly oceanic field, establishing the new worldly orders at sea, offering the international basis of law enforcement at sea for country. But how to transform the given rights form UNCLOS to domestic rules is not easy as we think. At present,it exists the relationship can not be ignored between the International Marine situation and imperfectly legal system of oceanic law enforcement.Chinese legal basis of law enforcement at sea have following problems:legal basis concerning sea affairs at a low point, legislation lag, imperfection of marine law system, and the imperfect transformation between UNCLOS and domestic rules. The United States, the Japan, and the United Kingdom are oceanic powers around the world, they have lots of experience we can use for references. Such as, the United States, enacting the Charter as the legal basis of law enforcement at sea, with the Japan and the United Kingdom manage oceanic affairs by establishing the Basic Law of the Sea according to the oceanic situation. They give the enforcement body higher rules to manage sea, their perfectly legal basis are our learning target.The Chinese Coastguard was born in2013, it integrates our enforcement body at sea, to safeguard country’s sovereignty and vindicate the oceanic interests, we should refresh related rules according to international oceanic atmosphere, perfect our legal system of law enforcement at sea.