Research On The Dilemma And Measures Of China Coast Guard Exercising The Power Of Criminal Investigation

With the increasingly important strategic and economic status of maritime affairs and marine territory in China,the government has begun to attach great importance to the effectiveness and strategy of marine supervision,which has more profound requirements for the improvement of the judicial system.The issue of marine resources and maritime jurisdiction has become one of the increasingly important issues of national stability.The Nineteenth National Congress of the Party put forward the following proposals:to promote scientific legislation,to deepen the comprehensive reform of the judicial system,and to speed up the construction of a powerful marine country.Since the 18th National Congress of the CPC,the government has carried out in-depth institutional reform and iunctional transformation,reorganized the State Oceanic Administration and established the China Coast Guard,which has tumed the former maritime law enforcement field with chaos situation introduce into a whole,forming a joint effort.At the Third Plenary Session of the Nineteenth Central Committee of the Communist Party of China,the Decision of the Central Committee of the Communist Party of China on Deepening the Reform of the Party and State Institutions was deliberated and adopted.However,judging from the actual operation of Maritime Criminal Cases under the jurisdiction of China’s maritime police in recent years,there are still problems such as lack of jurisdictional basis,unclear responsibilities and narrow jurisdictional areas.At the same time,there are still quite a number of units in China’s administrative system engaged in the field of criminal investigation related to the sea.The functions of various departments are duplicated,the jurisdiction is unclear and the region is superimposed,which has played an inhibitory role in clarifying the division of powers and responsibilities and saving administrative costs.Especially in the waters near the South China Sea and the Diaoyu Islands in recent years,neighboring countriesand countries with ulterior motives have constantly provoked China,s sovereignty through non-governmental acts,and it is particularly important to safeguard China’s maritime rights and interests at present.There is an urgent need to improve an effective legal norm and coordination mechanism of Maritime Criminal Investigation jurisdiction to meet the increasing needs of maritime rights enforcement in China.Based on the actual situation of Maritime Criminal investigation,this paper analyses the particularity and development trend of China Coast Guard in exercising criminal investigation power by analyzing the current status and functions of China Coast Guard in criminal investigation.Under the background of recognizing the current exercise of criminal investigation power,the author believes that the current system of Maritime Criminal Investigation in China is mainly based on the exercise of investigation power by China Coast Guard,and the judicial structure is relatively simple.However,the eurrent dilemma in law enforcement and criminal investigation of maritime-related cases and the exercise of investigative power are mainly reflected in the lack of clarity of the subject qualification of maritime police criminal investigation,inadequate coordination between departments,confusion of concepts,superposition of jurisdiction,invalidation of superposition of powers and responsibilities,and lack of clarity of the right of immediate pursuit and accession.Therefore,China needs to clarify the powers and responsibilities of criminal investigation in maritime cases,divide the powers and responsibilities,and establish relevant legislation and law enforcement rules with the China Coast Guard force as a specialized Maritime Criminal Law Enforcement Agency in order to solve the plight of Maritime Criminal investigation.Therefore,this paper proposes that the rele-vant departments should actively draw lessons from the experience of developed countries,through the establishment of a unified judicial body with the maritime police force,improve the transfer of cases between administrative departments and maritime police departments,improve the transfer of investigation and prosecution between maritime police departments and maritime courts,etc.,to solve the dilemma of convergence of criminal justice between the sea and the sea.We should step by step promote scientific legislation and deepen the comprehensive reform of the judicial system so as to speed up the construction of a powerful marine country.