On China Coast Guard Administration’s Law Enforcement Power At Sea

The China Coast Guard Administration is established on the plan of organizational reform and function transformation of the state council; the state council reorganizes the state oceanic administration and promotes unified law enforcement at sea. The state oceanic administration will carry out rights protection and law enforcement at sea in the name of China Coast Guard Administration. The China Coast Guard Administrative marine law enforcement powers stretches into several fields: the protection of marine rights and interests, the preservation of safety at sea, the exploitation and utilization of marine resources and the protection of marine environment. But the state office has yet to disclose the plan of responsibilities and function of China Coast Guard Administration. In this case, the article based on the law enforcement powers of China Coast Guard Administration, and attempt to discuss on the definition, legal attributes, concrete content and comparison between it and the China Marine Administrative law enforcement powers at sea.The first part tries to clear the division of China Coast Guard Administration’s law enforcement powers between other marine law enforcement agencies, like the navy and the China Marine Administrative. The fist part introduces some basic issues, such as the concept and legal attributes. The second part makes a analysis theoretical basis and legislative basis. Theoretical basis of China Coast Guard Administration’s marine law enforcement powers is national territory and state jurisdiction. The author summaries the legal system of marine law enforcement in China at present and points out the lack of the legal system of marine law enforcement. The law enforcement power of China Coast Guard Administration includes three parts: the protection power of territory at sea, the power of criminal law enforcement and the power of administrative law enforcement. The third part discussed the three kinds of the law enforcement power at sea in detail. Firstly, it discusses the contents of the protection power of territory at sea of China Coast Guard Administration by comparing the marine conflicts of different marine areas between the Yellow Sea, the East China Sea and the South China Sea. Secondly, the author selects some typical cases from the marine crimes, including smuggling crimes and pirate cases, the marine terrorism to analyze the power of criminal law enforcement of China Coast Guard Administration. At last, the author summarizes the power of administrative law enforcement of China Coast Guard Administration, including Marine Environmental Protection, the right to supervise the usage management at sea and the right of supervision and management on marine fishery and resources’ protection. The fourth part pays attention to the working of the law enforcement power of China Coast Guard Administration. The author thinks the hot pursuit power and the boarding power are the basic right for the law enforcement at sea. At the same time, the author also believes that it is legal to use force when enforcing the law at sea for China Coast Guard Administration and discusses the condition to use it. The fifth chapter has a discussion about the negotiation problem of the law enforcement power between China Coast Guard Administration and China Marine Affairs Bureau, including the negotiation about the law enforcement power on maritime security, protecting marine environment and life rescue at sea.