On The Jurisdiction Of Law Enforcement Of The People’s Republic Of China In The Exclusive Economic Zone

International marine legal system gives the coastal states the sovereign rights to explore and utilize the marine resources including biological and non biological resources.For the current situation of the land resources are exhausted day by day, we have to say the rights and interests of coastal states in the exclusive economic zone of the maintenance are of great importance. The utilization of natural resources in the exclusive economic zone for the coastal States, on the one hand, they will have to rely on their own level of exploration and development and actively the implementation of the development activity; on the other hand, they should protect the rights in the exclusive economic zone, do not let others to violate their enjoyment of the marine rights and interests, This requires coastal States to exercise its jurisdiction on the exclusive economic zone of the enforcement power of positive.According to the object and content of jurisdiction over the exclusive economic zone of the coastal state to exercise, it can be divided into legislative jurisdiction, jurisdiction and the jurisdiction of law enforcement. Three kinds of jurisdiction are equally important, but law enforcement jurisdiction as the most important part is particularly important. The legislative jurisdiction of coastal States constitute the legal basis of the law enforcement jurisdiction of the exclusive economic zone. From the literal meaning of the enforcement, it is the implementation of the law, so there is no legislative jurisdiction will not have law enforcement jurisdiction. As the extension of jurisdiction to jurisdiction of law enforcement, jurisdiction provide follow-up support for law enforcement jurisdiction. If a country has the right to arrest of ships, but have no right to be held accountable, law enforcement jurisdiction will come to nothing. The sovereign right of natural resources of coastal states in the exclusive economic zone and the jurisdiction of three issues constitute the foundation of the coastal state in its exclusive economic zone law enforcement jurisdiction. There is no such rights, the coastal state has no right to exercise of enforcement jurisdiction based on them.As one of the coastal States, China joined and signed the "United Nations Convention on the law of the sea" in 1982, and in June of 1996 menstrual National People’s Congress Standing Committee approved the "Convention", and put effect to China in the same year in July. Although China has not provisions of international conventions can be directly applied in the China, but China have ratified or acceded to the Convention the rights of the "Convention" should be given to China as one of the coastal states. But, how to exercise the rights the "Convention" granted China, China need to formulate domestic law, in order to make the exercise of rights "Convention" conferred China have the domestic legal basis. That is to say, even if China don’t transferred the "Convention" content into domestic law, it cannot deny China have the rights of "Convention" ruled as one of the coastal States of "Convention".Although in June of 1998, China through "the people’s Republic of China continental shelf and Exclusive Economic Zone Act" makes to declare and set up Chinese exclusive economic zone, it also established "right" of convention in forms of domestic law, but this law only have a total of only fifteen, in addition to copy the provisions of the Convention, not only there is no corresponding regulations according to the national conditions, but also some of the specific provisions of the Convention is not transformation. This is extremely unfavorable to the marine resources Chinese maintenance.China originally relatively dispersed law enforcement team, by the State Oceanic Administration under the jurisdiction of the China surveillance, transportation department under the jurisdiction of the maritime Chinese, Ministry of agriculture, the General Administration of customs administration under the jurisdiction of the China under the jurisdiction of the anti smuggling police force, the Ministry of public security and armed police force under the Ministry of China multiple departments, hindered the the exercise of the law enforcement jurisdiction in exclusive economic zone. Therefore, in 2013 March, the first session of the Twelfth National People’s Congress passed the "program of transformation of the institutional reform of the State Council and the function", then the State Council issued "the State Oceanic Administration duties of internal structure and staffing requirements", According to the provisions of the State Council, China re establishment of the State Oceanic Administration, in the name of the police exercise law enforcement jurisdiction in the sea areas under the jurisdiction. The police is made up of the Marine Bureau under the Ministry of public security China surveillance, border police, Ministry of agriculture, the General Administration of Customs under the jurisdiction of the Chinese fishery maritime anti smuggling police and many other branches of law enforcement team. According to the basic idea of the State Council, the police functions included of the jurisdiction of law enforcement activities to protect its rights, to manage and protection of the maritime border, to prevent and combat illegal and criminal activities, to safeguard the sea marine law and order, to safeguard national maritime security, to be responsible for maritime security guard, to the disposal of emergencies at sea. It is similar to the function scope of USA coast guard, Korea maritime police agency and the Japan coast guard. The establishment of the police is a major deployment of Chinese implementation of the marine strategy and is the starting point of the reform of law enforcement personnel, but these reforms are not accomplish at one stroke, the reform can not be achieved in a day. The establishment of maritime law enforcement system needs setting system from concept to and technical details. The legal basis for establishment of the police, the police administrative level, the communication and exchanges of law enforcement among the Ministry of environmental protection, Ministry of land and resources and other departments related to the sea, the division of functions of police on the aspects are insufficient, which is not conducive to China exercise law enforcement jurisdiction in its exclusive economic zone.At present, although there is many papers about the research of marine law enforcement rights in domestic, but most are commonplace and similar.Since 2013 March, the State Council has made the institutional reform, the research about Chinese’s mode of marine law enforcement should go where have little. Chinese mode become the state plan on comprehensive law enforcement is way way far and heavy. But the research of marine law enforcement is not on the surface we can see, it is a huge system which includes many contents, and few people can research it utterly, Existing research are away from practice, empty talk, the research about the marine law enforcement in practice is few. Although there are many research papers on the exclusive economic zone, but almost all of them focus on the study of law on foreign ships or the jurisdiction of the coastal State, the research put the exclusive economic zone and the jurisdiction of law enforcement together is rarely. Most of them focus on protection of rights and interests of fishermen in the disputed area and ignore the law enforcement jurisdiction in the disputed area. The innovation of this paper lies in the exercise of tracking, monitoring and law enforcement jurisdiction for China in its exclusive economic zone, this is little papers about this. At the same time, this part discusses the China have the right to exercise of jurisdiction and law enforcement of foreign warships.In view of the special marine environment of China, the special status of the exclusive economic zone, marine resources and interests is becoming increasingly fierce, the exercise of the jurisdiction of law enforcement of China plays an important role in the exclusive economic zone. On the one hand, to protect the exclusive sovereign rights and jurisdiction in economic zone of the China; on the other hand, China play a deterrent role for the surrounding countries, in order to maintain the marine rights and interests of China.In this paper, through the study about "Convention" the relevant provisions of the coastal state jurisdiction of law enforcement in the exclusive economic zone, which leads to the present situation and the insufficiency of China of law enforcement jurisdiction as one of coastal states in the exclusive economic zone. From the exercise of the advanced experience of America, South Korea extended to the marine law enforcement of China; from the exercise of the law enforcement jurisdiction in the exclusive economic zone extended to China how to strengthen the exercise of law enforcement jurisdiction in the exclusive economic zone of the disputed area. China’s special marine geographical environment in the exclusive economic zone of China make the disputed area from other countries. In disputed area, the behavior in violation of China’s maritime rights and interests of the behavior can be seen everywhere. Due to the lack of awareness of marine systems, marine, Chinese marine law enforcement, management, means and marine equipment behind, resulting in adverse position in today’s society for China because the marine resources is becoming increasingly fierce, so put forward suggestions to strengthen and perfect law enforcement jurisdiction of China in the exclusive economic zone, hoping to achieve the purpose of maintaining the China marine rights and interests.