Based On The Law Of Marine Police Research On The Establishment And Application Of Law Enforcement Power Of Marine Police In China

At the end of January 2021,the Maritime Police Law of the People’s Republic of China was passed and came into force in February this year.This is in line with the requirement set out in the Decision on China Sea Police Authorities Exercising the Rights and Enforcement of Maritime Rights,that "when conditions are ripe,relevant parties shall timely put forward bills to formulate or amend relevant laws and submit them for deliberation in accordance with legal procedures".At present,the eyes of all countries are focused on the deep blue sea.The ocean has not only become a strategic place for countries to seek survival and development,but also a arena for competing interests among countries.The formulation of the Coast Guard Law reflects China’s determination to safeguard national sovereignty,security and maritime rights and interests and accelerate the strategy of building a maritime power.It indicates that the implementation of China’s maritime power strategy has taken a new step,and it also indicates that the past situation of China’s military law circle paying more attention to the research of land military law will be changed.In this thesis,the law enforcement power of marine police is taken as the research object.From the two angles,which are legal text setting and law enforcement practice analysis,the methods of literal analysis,literature research,case analysis and comparative study are used to analyze,so as to compare foreign experiences and put forward some suggested research ideas and collect the latest legal and practical data as much as possible.This thesis analyzes the problems existing in the regulation and application of the law enforcement power of the sea police,and on this basis,puts forward some perfect suggestions in combination with the shortcomings of the law establishment and practice of the law enforcement power of the sea police in China and the advanced experience of foreign countries.The first chapter analyzes the necessity of the introduction of the Marine Police Law from four aspects.The need to show its existence further highlights the importance of the Marine Police Law enforcement power.The second chapter,combining with the author’s statistics on the recent public enforcement actions of the Marine Police,studies the characteristics,current situation,shortcomings and limitations of the Marine Police’s enforcement actions from three aspects: special maritime actions,the use of force in the operation of law enforcement power and the cooperation boundary between various power subjects.The third chapter focuses on the study of the characteristics of the text setting changes of the marine police enforcement power,and mainly combines the types of the marine police enforcement power in the Marine Police Law,and analyzes the deficiencies in the Marine Police Law.The fourth chapter,based on the research and arrangement of marine police agencies in many countries,tries to find representative marine police agencies from three dimensions: legal origin,law enforcement subject and power design.The fifth chapter,on the premise of synthesizing the above research,further puts forward relevant suggestions from three aspects: the further legal regulation of the law enforcement power of the sea police,the construction of law enforcement forces and the practice norms of law enforcement power.