Research On Cross-strait Maritime Law Enforcement Cooperation Mechanism

Maritime rights and interests are important part of state sovereignty,maritime law enforcement is important guarantee for safeguarding national maritime rights and interests.The 18 th National Congress of the Communist Party of China put forward the national strategic goal of constructing maritime power.Premier Li Keqiang of the State Council put forward "formulate the national marine strategy to protect the marine ecological environment,expand the blue economic space and build strong marine power" in the "Government Work Report" in 2016.In the construction of marine power of the national strategic objectives,China's national marine strategy needs to be formulated.The participation of Taiwan is necessary for the national maritime power construction,the two sides of the Taiwan Straits need to deepen cooperation in maritime law enforcement and jointly safeguard China's maritime rights and interests and national sovereignty.The "13th Five-Year Plan"(2015)proposed to promote the peaceful development of cross-Strait relations and the process of reunification of our motherland.The cross-Strait coordination in maritime law enforcement is also an important part of promoting cross-Strait relations and the reunification of the motherland.From 2009 to present,the cross-Strait maritime law enforcement agencies have carried out a number of activities of maritime law enforcement coordination in "Xiamen-Kinmen" waters and "Lianjiang-Matsu" waters.And the two sides maritime law enforcement agencies across the strait have established the annual coordination mechanism in "Xiamen-Kinmen" waters and "Lianjiang-Matsu" waters.However,the maritime law enforcement coordination between the two sides is still in case cooperation level between maritime law enforcement agencies of the two sides,hasn't been promoted to the level of institutionalization.Under the background of the development of the 21 st century Maritime Silk Road,under the situation in the South China Sea and the challenge of maritime non-traditional security to the maritime rights and interests of the sea,cross-Strait coordination in maritime law enforcement becomes more urgent.It is necessary to deepen cross-Strait maritime law enforcement coordination and gradually construct cross-Strait maritime law enforcement cooperation mechanism to jointly safeguard China's maritime rights and interests and national interests.Throughout the history of cross-Strait exchanges and cooperation,cross-Strait marine policy and law,there are certain political basis and legal basis on cross-Strait maritime cooperation in maritime law enforcement.Meanwhile,there are many difficulties in maritime law enforcement coordination between the two sides of the strait,such as the lack of legal basis on maritime law enforcement cooperation,the conflict between the two sides of the strait maritime law enforcement area,the lack of cooperation fields in maritime law enforcement coordination and the communication mechanism needs to be perfected.These problems need to be solved from the perspective of legislation and institutionalization.Besides,in order to construct cooperation mechanism of maritime law enforcement between the two sides of the strait,the principles,fields,communication mechanism and supporting measures of cross-Strait maritime law enforcement cooperation need to be further explored and clarified.The cross-Strait maritime law enforcement agencies shall explore and construct specific and comprehensive agreement on cross-Strait maritime law enforcement,confirm the cooperation maritime law enforcement waters of the sea,from the perspective of marine environmental protection,marine resources development and protection,maritime search and rescue,maritime crime,maritime anti-terrorism,underwater cultural heritage protection and other areas to carry out maritime collaborative law enforcement activities under the guidance of the principles of mutual trust,voluntariness and good faith.In the communication and liaison mechanism,it can not only directly communicate and liaise through the cross-Strait local maritime law enforcement agencies but also can be designated by the central or local law enforcement agencies maritime collaborative law enforcement liaison to establish the official normalization liaison mechanism,and to establish hierarchical liaison mechanism between China Coast Guard and Taiwan Coast Guard Administration Executive Yuan,between cross-strait local maritime law enforcement agencies to gradually perfect cross-Strait communication and liaison mechanism.And through cross-Strait law enforcement personnel exchanges,training mechanisms and enhance the law enforcement equipment and other supporting mechanisms to gradually build cross-Strait maritime cooperative law enforcement cooperation mechanism.