Research On Force Measures In Chinese Maritime Law Enforcement Of Rights Protection

In recent years,countries are increasingly aware of the protection of maritime rights and interests and law enforcement at sea.The use of force by various countries to safeguard their own Marine resources and combat maritime crimes has caused frequent international disputes,which has drawn wide attention from the international community.Our ships are also often controlled by other countries’ military measures,such as the "New Star Case" and the "Fishing Island Incident".From the treaties related to international law and international case,national maritime rights held a positive attitude to the use of military force,but there must be a certain limit.In actual law enforcement practice,the relevant regulations in international law cannot solve the legal and procedural problems in actual measures of force.In contrast,similar problems also exist in China’s maritime law enforcement measures.In this paper,combined with the relevant regulations on maritime law enforcement force measures in international law,it discusses the problems existing in China’s maritime law enforcement force measures.The first part is about the general theory of the force measures of maritime law enforcement.Firstly,the concepts of maritime law enforcement and force measures are defined.Secondly,it introduces the varities of maritime law enforcement force measures.Then,it introduces the effects of maritime law enforcement force measures.Finally,the principle of maritime law enforcement force measures is expounded.The second part expounds the current situation of maritime law enforcement force in China.This paper introduces the current situation of legislation and application on the use of maritime law enforcement force measures.The third part is about the problems existing in China’s maritime law enforcement force measures from four aspects which include the theoretical basis of law,provisions,procedures and supervisory mechanism.The fourth part is aimed at the third part of China’s maritime law enforcement force measures existing problems countermeasures and Suggestions.From the above four parts,we can conclude that the use of maritime law enforcement force measures is recognized and permitted in various international treaties or in the domestic laws of various countries,but the use of force measures can only be legalized under certain restrictions.China can also implement force measures in the process of safeguarding maritime rights and interests,but it should improve the legal defects and procedural mechanisms of force measures,and use force measures in a lawful and reasonable manner,so as to build a maritime power and maintain China’s Marine resources.