Research On Maritime Criminal Investigation System

In the context of building a maritime power,the purpose of the maritime criminal investigation system is to practice General Secretary Xi Jinping’s concept of “peace,development,cooperation,and win-win”,and to implement a community of shared future for the ocean.The maintenance of maritime rights and interests in the new era is fundamentally different from the group interests maintained by the Mahan Sea Power Theory with a strong military color in the past,which determines the different ways of maintaining maritime rights and interests at present.This means that to safeguard maritime rights and interests,we should not simply use confrontational military means,but should seek a cooperative legal approach.Thus,the maritime investigation system came into being.At the same time,in order to adapt to international criminal cooperation and changes in the international crime situation,the governance of maritime crimes should also be traced through judicial means,rather than military or diplomatic means.In2013,the “Sanding Plan” reintegrated the maritime law enforcement forces and transferred the maritime police to the armed police in 2018,and the new maritime investigation organization system has begun to take shape.Subsequently,the “Coastal Police Law of the People’s Republic of China” was promulgated,forming two major patterns in which maritime and land-based investigations are divided by regions,that is,criminal cases at sea are investigated by the coast guard,and criminal cases on land are investigated by the public security.Although maritime criminal investigation has existed for a long time,the system in the new era is still in the exploratory period.The traditional criminal investigation theory relies on the criminal investigation situation on land and fails to consider the characteristics of the sea.In fact,the maritime investigation system still has its particularity in the current context: the organization and equipment of maritime investigation are military;the behavior and procedures of maritime investigation are judicial.This brings a series of problems,how can the organizational system better realize the judicial effect of maritime investigation under the long-established armed police management system;how should the behavior and procedures of maritime investigation adapt to the armed police management system.The organizational system,behavior system,and procedural system of maritime criminal investigation have changed from scattered to centralized,from extensive to refined.How to realize the modernization of maritime criminal investigation requires a comprehensive analysis and grasp.The basic theory determines the coordinates of the discipline,and a correct understanding of the basic theory is the foundation of the new field.Under the background of the new era,the maritime criminal investigation system has become a“new concept”,and it is even more important to conduct a thorough study of its basic theory.The basic theory of maritime criminal investigation system consists of conceptual theory,comparison theory,value theory,structure theory,etc.It defines the research scope of maritime criminal investigation system,lays the foundation for the study of maritime criminal investigation system,demonstrates the necessity of research on maritime criminal investigation system,and divides The research level of maritime criminal investigation system.The conceptual theory of maritime investigation system originates from the comparative demonstration results of the three superordinate concepts of “maritime”,“criminal investigation” and “system”.The concept of maritime investigation system is a subset of the three concepts.“Maritime” is a spatial concept,which is different from “ocean”,“maritime accident” and “marine business”.“Ocean” is the ontology concept,“maritime accident” and “maritime business” are the combined concepts of “maritime” and “accident”,“maritime” and “business” respectively.From the perspective of correct semantics and rigorous concept,the concept of maritime investigation system should adopt the spatial concept of “maritime” only.The concept of“criminal investigation” has a new interpretation with the changing criminal situation and the development of investigative practice.When there is an unbalanced deviation between law and fact,the establishment and research of the concept of maritime investigation system should be based on the latest investigation concept,so as to achieve a balance between law and fact.The concept of “system” should not be limited to legal system only,“system is not equal to law”.The concept of “system” of maritime investigation system is a combination of “system” viewpoints of sociology,political science,law and other disciplines.The correct understanding of the concept of “system”determines the breadth of the research,which is convenient for the division of the maritime investigation system and effectively solves the thinking deviation of the research.Through demonstration and analysis,fully understand the above three concepts,integrate the concepts,and accurately define the concept of “maritime investigation system”.The concept of maritime criminal investigation system also determines the breadth and depth of research.When the concept of maritime criminal investigation system is put forward,the first proposition faced is the difference and connection with maritime and land criminal investigation.Comparative Theory makes a comparative analysis of maritime and land-based investigations from two aspects: the difference theory of land and sea investigation and the theory of interaction between land and sea investigations.The axiology of maritime criminal investigation system is a discussion of the necessity of research propositions,and discusses the value orientation of maritime criminal investigation system from two aspects of value attribute and connotation.The attributes of the maritime investigation system are both subjectivity and objectivity,ought to and reality;the connotation includes justice,efficiency,freedom,order and so on.The structural theory of maritime investigation system breaks through the limitations of legal system research.It will conduct a comparative study of the institutional structure of sociology,economics and law,fully consider the institutional environment of the maritime investigation system,and introduce a structural model for the maritime investigation system.That is,the structure of the maritime investigation system should include formal and informal systems,specifically the maritime investigation organization system,the maritime investigation behavior system,and the maritime investigation procedure system.The structural theory of the maritime criminal investigation system is also the logical frame of the layout of this paper.The development track of China’s maritime criminal investigation system generates institutional demands according to the changes in maritime thinking,which leads to changes in institutional practice,explaining why the maritime criminal investigation system came into being and what changes occurred.The origins of the maritime criminal investigation system expounds the emergence of the maritime society,maritime security threats,maritime management,maritime policing,and maritime criminal investigation systems.Since the Qin Dynasty,a marine society has been formed.In the Ming Dynasty,when Japanese pirates crossed,China began to have a sense of marine security threat.Since the beginning of the Opium War,maritime management and maritime policing were born,and China passively opened up maritime trade.During the period of the Republic of China,the National Government renovated the coast through land police,and declared customs rights in a timely manner,and initially established a maritime investigation system.After the founding of New China,the collective thought based on Mao Zedong’s view of the ocean solved the sea power infrastructure construction of the maritime criminal investigation system.Consolidating sea power and protecting the inward-looking economy were the core.The maritime criminal investigation system also mainly focused on political stability and territorial sovereignty.At the beginning of the reform and opening up,the collective thought of Deng Xiaoping’s ocean view solved the criminal infrastructure construction of the maritime investigation system.With the reform and opening up of the maritime economy,the protection of the offshore economy is a requirement of the system,and the maritime criminal investigation system has also changed from territorial protection to the maintenance of the offshore economy.With the end of the Cold War and the changes in the world pattern,Jiang Zemin’s collective thought on the ocean focused on the construction of a systematic ocean strategy.Since then,the ocean has become a direct way to connect with the world.The ocean is not only territorial and economic,but a comprehensive marine interest.The maritime criminal investigation system also keeps up with the changes of the times,and protects the interests of all aspects of the ocean more comprehensively.The 21 st century is an era of peaceful development,and the collective thought based on Hu Jintao’s view on the ocean focuses on the further construction of the systematic development of the ocean.“Ocean Power”,“Harmonious Ocean” and “Ocean Power” are the main contents of Hu Jintao’s ocean view.The concept of harmonious and comprehensive development of the ocean also affects the system,and the construction of a maritime power has become the main task of the development of the maritime investigation system.To a certain extent,the idea of maritime power is to gather the wisdom of previous generations of leaders and further systematize it.The content of Xi Jinping’s view of the ocean is richer and more comprehensive,and a new elaboration of the ocean strategy has been made.The era change from ocean management to ocean governance has brought about institutional pressures for development transformation,nationalization,and the maintenance of new sea powers.Therefore,in the new era,the maritime criminal investigation system should be transformed from maintaining maritime interests to maritime governance.At present,the maritime criminal investigation system is developing continuously,but there are still many problems.From the perspective of the structural level division of the maritime investigation system,there are practical difficulties in the maritime investigation organization system,behavior system and procedural system.The maritime investigation organization system has problems such as the incompatibility of the leadership system,the lack of detailed organizational structure and system settings,the unclear division of power systems,the lack of integration of personnel systems,and the extensive configuration of security systems;the maritime behavior system has the foundation of the basic investigation behavior system.Problems such as incomplete construction,difficulties in the actual implementation of the conventional investigation behavior system,lack of maritime attributes in the mandatory investigation behavior system,no procedural provisions for the urgent investigation behavior system,and slow progress of the cooperative investigation behavior system;the maritime procedural investigation system has jurisdictional regulations.Miscellaneous,poor connection between start-up systems,incomplete operation systems,and anomie of termination systems and procedures.In order to solve the above-mentioned system problems,this paper proposes a macro strategy to realize the modernization of the system,and then improves the system according to the problems of organization,behavior and procedure.To realize the modernization of the maritime criminal investigation system,it is necessary to find out its positioning from the three dimensions of social governance modernization,rule of law modernization,military and national defense modernization;closely follow the “two-step”path of socialist modernization and the “three-step” path of military and national defense modernization.Set a “four-step” path for the modernization of the maritime criminal investigation system;set goals for three different periods of “near”,“middle” and “far”.Under the guidance of the macro modernization strategy,this paper proposes targeted solutions to the problems existing in the system.The improvement of the maritime criminal investigation organization system is on the one hand to solve the problems brought about by military attributes,and on the other hand,it is also the basis for the mechanization,informatization and intelligence of maritime criminal investigation.In the leadership system,the principle of “unified leadership,vertical management,and inter-block collaboration” is established;in the organizational structure,vertical levels are added,and a “five-level functional” organizational structure system is constructed according to the division of functions;In the past,a system setting model with appropriate separation of military power,administrative power,judicial power and other powers and powers should be adopted;the construction of the maritime investigator team should implement multiple personnel identities,multiple talent absorption channels,multiple talent training methods,and multiple personnel exit methods.The stability of the professional team;in the support system of ships,weapons,equipment,etc.,a“use-intensive” support system should be established.The improvement of the maritime criminal investigation behavior system can solve the problems brought about by the transformation of the organization and the special maritime environment,and it is also the basis for the professionalization of maritime criminal investigation and a part of the realization of modernization.The basic maritime criminal investigation behavior system should rely on the development of blockchain to establish an intelligence network system and establish a position control network with maritime specificity;the conventional maritime criminal investigation behavior system focuses on evidence collection procedures,on-site investigation,and investigation methods.,ship detection capability,technical investigation,etc.,the system should be improved in combination with the particularity of the sea;the system of mandatory maritime investigation behavior should be improved in accordance with the particularity of the sea,with regard to authority,time limit and supporting measures;the system of urgent maritime investigation behavior,It is necessary to emphasize urgency and set up first-hand control measures in aspects such as criminal boarding and hot pursuit,border control measures,first-hand detention,fixation and preservation of evidence,etc.;the cooperative maritime investigation system should adhere to the concept of great cooperation,and simultaneously improve the internal and external agencies.Inter-departmental and international inter-state investigation cooperation system.The improvement of the maritime investigation procedural system is to solve the problem of unclear procedural regulations,and it is also the basis for maritime investigation to become the rule of law and a necessary move to achieve modernity.The maritime investigation jurisdiction system should establish a three-level jurisdiction system of “jurisdictional authority-department jurisdiction-level jurisdiction”,so as to accurately determine the jurisdiction unit;the maritime investigation initiation system should unblock the connection mechanism between internal,external and administrative and criminal;maritime investigation operation The system should establish a one-stop operation system to ensure the operation procedures of the case,the operation rights and interests of the investigation,the effective supervision of the investigation,balance the complicated and simple cases,and facilitate the allocation of investigators,etc.The maritime investigation termination system needs to be transformed from formality to substance,focusing on the substantive focus from listening to the opinions of defense lawyers,investigation collective discussion,pre-trial system and other aspects.