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On The Use Of Firearms And Weapons In Marine Police Law

Posted on:2024-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q TangFull Text:PDF
GTID:2556307064456874Subject:legal
Abstract/Summary:PDF Full Text Request
The particularity of maritime law enforcement determines that the use of police weapons and weapons is a necessary means and has a legal legal basis,but the extreme and violent use of police weapons and weapons is easy to cause foreign incidents.In recent years,countries have increasingly recognized the importance of protecting and exercising their maritime rights,and international disputes over the use of police weapons and weapons in order to protect their maritime resources and in response to maritime crimes have frequently occurred,and attracted the attention of the international community.Chinese ships are often subjected to armed threats from other countries,such as the Nova Star incident and the Diaoyu Islands incident.According to relevant treaties and international precedents,countries have a positive attitude towards the use of police weapons and weapons for maritime defense,but they also have certain restrictions.In law enforcement practice,the relevant provisions of international law cannot solve the legal and procedural problems arising in the actual use of police arms and weapons.On February 1,2021,the Coast Guard Law of the People’s Republic of China was officially put into effect,which is another important achievement in the construction of the rule of law in China in the new era,and is of important and far-reaching significance to China’s maritime law enforcement activities and the protection of maritime rights and interests.Therefore,this paper discusses the problems in the use of the use of police arms and weapons in the Coast Guard Law and the use of police arms and weapons in the international law.Literature review,comparative analysis,and empirical analysis were used,On the basis of the theoretical research and practice on the use of weapons,To summarize the meaning,principles,conditions and legitimacy of the use of coast police arms and weapons;Through the study of the main contents of the use of police weapons and weapons in the Coast Guard Law,analyzes the conditions for the use of police weapons and weapons in the Coast Guard Law,the lack of prescribed procedures,the lack of liability exemption system,and the lack of corresponding supervision mechanism as the guarantee;Combined with the legislative experience on the use of coast police weapons and weapons,The legislative countermeasures and suggestions are put forward from four aspects: refining the provisions on the conditions for the use of police weapons and weapons,refining the procedures for the use of police weapons and weapons,improving the evaluation and review system for the use of the use of police weapons and weapons,and improving the supervision mechanism for the use of police weapons and weapons.Although China’s use of police weapons and weapons has been recognized and allowed in international law treaties and national laws,the use of police weapons and weapons can be legalized only under certain restrictions.China can use police weapons and weapons in the process of safeguarding Marine rights and interests,but it should improve the legal defects and procedural mechanisms for the use of police weapons and weapons to ensure the legal and reasonable use of police weapons and weapons,so as to build a maritime power and enhance the strength of Marine resources.
Keywords/Search Tags:Marine Police Act, coast guard agency, maritime law enforcement, use of police arms and weapons
PDF Full Text Request
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