Research On The Dilemma And Counter Measures Of The Coast Guard Agency Exercising The Criminal Investigation Power Under The Back Ground Of The "Coast Guard Law"

Chinese law makers adopted a law on the coast guard at the 25 th session of the Standing Committee of the 13 th National People’s Congress.The "Coast Guard Law" marks the deepening of the reform of China’s marine management institutions,as well as the strengthening and improvement of the objectives and tasks of governing the sea in accordance with the law,and is of great significance to the modernization of the national marine governance system and its ability to govern.The China Coast Guard leads its subordinate coast guard agencies to carry out maritime rights protection and law enforcement work in accordance with relevant state regulations.In terms of the investigation of maritime-related criminal cases,the investigation powers and responsibilities of the coast guard agency have been clarified,which provides a strong legal guarantee for further regulating and guaranteeing the coast guard agency’s safeguarding national security,territorial integrity,and maritime rights and interests,and solves some of the difficulties in maritime-related criminal investigation.At the legislative level,the current legal basis for maritime investigations is mainly the relevant provisions of the "Criminal Procedure Law",while the "Coast Guard Law" does not pay too much attention to the investigation of maritime criminal cases,but only specifies a number of measures in relation to the characteristics of coast guard agency and maritime cases.Compared to the investigation of criminal cases on land,the investigation of criminal cases at sea has strong special characteristics,generally requiring longer police time and more unexpected events.The "Criminal Procedure Law",on its part,has a greater bias towards land-based reconnaissance,with no targeted provision for special factors at sea.Therefore,coast guard agency face a series of dilemmas in the process of exercising maritime criminal investigation power,and need to improve the way of exercising investigation power through further legislation,so as to provide theoretical research for better implementation of maritime criminal investigation.Coast guard agency should clarify the scope of their jurisdiction,improve the application of investigation procedures and means,and actively draw on summary of years of experience in developed countries rules of evidence adapted to the investigation of criminal cases at sea.Further refine the mechanism of law enforcement collaboration between the coast guard agency and the relevant administrative organs and related units,and resolve the dilemma of the investigation power of the Coast Guard in criminal matters.The first part of this paper analyses the relationship between maritime criminal investigation power and land criminal investigation power and the legal basis for the exercise of criminal investigation power by coast guard agency,starting from the subjects and scope of the right to exercise maritime criminal investigation power in China.The second part analyses the current situation of the exercise of criminal investigation power by coast guard agency in the context of the "Coast Guard Law",taking into account the system of China’s coast guard agency organist and its implementation in maritime criminal investigation.The third part identifies the dilemmas in the exercise of criminal investigation power by the coast guard agency under the background of the "Coast Guard Law",analyzing various aspects include the lack of clarity around maritime jurisdiction,limited practicality of procedural norms for investigations and evidence collection,issues with the application of technical investigation methods,problems with the application of rules of evidence,and difficulties in coordinating with the overall criminal justice system.The fourth part proposes countermeasures to address the existing problems,such as optimizing the path of maritime criminal investigation jurisdiction,strengthening the procedural norms of investigation and evidence collection,improving technical investigation measures,establishing rules of evidence adapted to the handling of maritime criminal cases,and refining the law enforcement collaboration mechanism with relevant units,so as to further solve the dilemma of exercising the criminal investigation power of the coast guard agency coast guard agency and gradually improve the efficiency of the coast guard agency in investigating maritime criminal cases.Thereby achieving the purpose of accelerating the building of a strong maritime nation.