Research On The Use Of Force In The Law Enforcement Of Disputed Maritime Areas By The China Coast Guard

The formulation and implementation of the Coast Guard Law of the People’s Republic of China has important theoretical and practical significance for improving China’s maritime legal system,enhancing the level of maritime rights protection and law enforcement,and promoting communication and cooperation between China and other countries in maritime affairs.However,Chapter 6 of the Coast Guard Law of the People’s Republic of China on the use of police equipment and weapons has raised concerns and concerns among some countries,especially the United States and Japan,regarding China.It is believed that the Coast Guard Law of the People’s Republic of China will harm the legitimate rights and interests of other countries,promote China’s claims of violating international law,and cause regional tensions,especially when using force in disputed waters.Therefore,it is crucial to study the use of force by the China Coast Guard in the process of safeguarding rights and law enforcement in disputed sea areas.This is not only conducive to further improving the legal system of maritime law enforcement after the promulgation of the Coast Guard Law of the People’s Republic of China,but also has important practical significance for exploring cooperation and collaboration among countries in disputed sea areas.There is still a lack of targeted theoretical research on the use of force in the process of safeguarding rights and law enforcement in disputed maritime areas.Therefore,in response to the issue of the use of force in the process of safeguarding the rights and law enforcement of disputed maritime areas,we should start from the theoretical basis of the use of force in maritime law enforcement,mainly reflected in the principles of legality,limitation,respect for human rights,and humanitarianism.In addition,the specific attributes of the use of force in disputed waters should also be explored to clarify whether the use of force by the China Coast Guard in disputed waters is a military activity,in order to avoid disputes.Due to the particularity and complexity of the disputed waters,the China Coast Guard has a series of problems in safeguarding rights and law enforcement in the disputed waters,especially when it comes to the use of force,which is frequently questioned by the outside world,questioning both the legality and rationality of its use of force.In addition,the use of force by the China Coast Guard in the process of safeguarding rights and law enforcement in disputed waters also faces practical obstacles,mainly including: inconsistent regulations on the use of force in disputed waters among countries,resulting in a chaotic law enforcement situation;The single power of safeguarding rights and law enforcement is weak,and the cooperation mechanism with the People’s Liberation Army Navy is not perfect;The procedural regulations on the use of force by the Chinese China Coast Guard lack further refinement.To address the above issues,solutions should be taken from both international and domestic perspectives.On the one hand,it is necessary to strengthen exchanges and cooperation with countries in disputed waters at the international level,including actively signing bilateral or multilateral agreements with coastal countries,actively carrying out joint actions with countries in disputed waters,and establishing cooperation and exchange mechanisms in disputed waters.On the other hand,it is necessary to improve existing laws at the domestic level,including improving procedural provisions for the use of force,and accelerating the construction of cooperation mechanisms between the China Coast Guard and the People’s Liberation Army Navy.It is necessary to not only improve the information exchange mechanism between the China Coast Guard and the People’s Liberation Army Navy,but also to improve the specific procedures for cooperation between the China Coast Guard and the People’s Liberation Army Navy.