Research On The Elements Of The Use Of Force By Coastal States In Maritime Law Enforcement

At present,many countries are competing to strengthen the management of marine resources and promote the high-tech competition in the sea area.At the same time,the essence,procedures,limits and other issues related to the use of maritime law enforcement force have also attracted extensive attention of the international community.Many law enforcement cases show that some countries use excessive or even abuse force in maritime law enforcement,which makes it impossible to achieve the established purpose.Therefore,exerting the effect of the use of force in maritime law enforcement by Coastal states has become a controversial issue in the international community.A dispute over this issue is mainly reflected in the understanding of the use of force and how to reasonably and moderately play its role under specific conditions.Based on this,this paper attempts to summarize the relevant international treaties and international cases,analyze the differences in the use of force in maritime law enforcement of Coastal States,clarify the essence,procedures and limit elements of the use of force by the maritime law enforcement subjects of coastal states,and put forward the improvement path of the use of force in maritime law enforcement.The first chapter refers to theoretical basis of the use of maritime law enforcement force.This chapter briefly analyzes the principle that the use of force is different from the prohibition of the use of force.The United Nations Convention onthe law of the sea does not specify the appropriate use of force by coastal states in maritime law enforcement.The basic principles on the use of force and firearms by law enforcement officers clarify the irreplaceable role of force means in the enforcement of law at sea.Relevant international cases show that reasonable and moderate use of force is allowed by international customs.The second chapter is to clarify the essential conditions for the maritime law enforcement subjects to use force in maritime law enforcement.In the substantive conditions,how to determine the subject and object of law enforcement are two controversial issues.Only those who have special power of law enforcement in different sea areas can use force.The Navy’s assistance in the use of force in maritime law enforcement does not change the nature of law enforcement.Warships or government ships that are not coastal states enjoying immunity from state jurisdiction cannot be the objects of maritime law enforcement force of coastal states.The third chapter mainly analyzes the procedural elements of the use of force in maritime law enforcement of coastal states.The procedure of the use of force in maritime law enforcement is still a controversial topic.The main body of maritime law enforcement can use force that may cause damage to the hull of the suspect ship only after the implementation of shooting warning and other measures still fail to achieve the expected effect of compulsory ship stop.After the use of force to force the ship to stop or be in a state where it can be boarded for inspection,law enforcement officers can board the suspected ship for inspection.The fourth chapter is about the limitation of the use of maritime law enforcement force.On the basis of analyzing the relevant cases and regulations,the necessity includes the necessity of the opportunity of the use of force and the use of necessary law enforcement means.Rationality includes that the level of use of force is the same as the illegal degree of law enforcement objects and that due consideration should be given to humanitarian principles.When judging the equivalence between the level of the use of force and the degree of violation of law,we should consider the nature of the legal relationship involved,the severity of the violation of law,and the possible effects of the use of force.The fifth chapter is to summarize the need to improve the use of force and clarify the way to improve the law enforcement.In China,the maritime police have the qualification of law enforcement personnel recognized by international law and can use force legally in maritime law enforcement.In view of the above-mentioned defects in the use of force in maritime law enforcement,this paper puts forward the corresponding improvement path from the aspects of improving the legal provisions of the use of force,strengthening the enforcement practice of the use of force,and actively taking measures to deal with the illegal use of force by foreign countries.