Research On China Coast Guard’s Tracking And Surveillance Measures

The unprecedented changes in the world today have led to profound changes in the international economic order and geopolitical security.In recent years,within the jurisdiction of China’s maritime areas,conflicts have occurred frequently,and safeguarding national sovereignty,security,and development interests has become the current top priority.Faced with ongoing and escalating provocations,demonstrations,and other behaviors in other countries,the Chinese maritime police need to develop more standardized and systematic measures to confront them.Based on the peaceful resolution of disputes,supported by the use of force to resolve disputes.Tracking and monitoring measures,as a means of peaceful law enforcement,can effectively reduce armed conflicts and contain illegal activities in the preparatory stage,thereby promoting national maritime sovereignty,security,and development interests.However,as an important provision in the chapter of the Maritime Police Law on safeguarding national security,tracking and surveillance have not yet been clearly elaborated and detailed in terms of legislation,whether in domestic or international law.From the perspective of law enforcement,various countries have adopted varying degrees of tracking and surveillance measures to effectively combat illegal fishing,protect the marine environment,and protect national sovereignty,which has become an international habit.The emergence of the Maritime Police Law provides it with a clear legal basis.In order to apply tracking and surveillance measures more efficiently,it is necessary to further analyze and solve prominent problems,and provide some suggestions for the subsequent development of the implementation rules of the Maritime Police Law.This article takes the general theory of maritime police tracking and surveillance measures as the starting point.Firstly,it analyzes the current situation of tracking and surveillance measures from the perspectives of legislation and law enforcement.By comparing with international law and relevant laws of other countries and the application of tracking and surveillance,it highlights the necessity of tracking and surveillance measures and the key issues that China should focus on at present.Secondly,based on the above focus,the difficulties and obstacles that exist in the current law enforcement of China’s maritime police tracking and monitoring measures are sorted out.The problems of unclear application conditions for tracking and monitoring measures,unclear application procedures for tracking and monitoring measures,incomplete cross departmental coordination mechanisms for tracking and monitoring measures,and unclear connection between tracking and monitoring measures and international law are respectively proposed.Finally,a thorough summary of the above issues,a thorough study of China’s Maritime Police Law,international law,and relevant laws of other countries,and an analysis and refinement of the reasons for the inadequate regulation of tracking and surveillance measures.It is proposed to establish clear conditions for the application of tracking and monitoring measures based on the different criteria for determining illegal suspicions in different sea areas;And,it is necessary to establish comprehensive procedural regulations for tracking and monitoring measures,considering both general and special procedural regulations;We also need to establish a cross departmental collaborative law enforcement mechanism,which can be divided into two types:domestic cooperation and international cooperation;Finally,in order to reduce conflicts in maritime law enforcement,it is proposed to clarify the recognition of the legality of tracking and monitoring measures.Based on the Maritime Police Law,international law is used as a reference,and international customs are used as practical experience,this article elaborates on two perspectives: clarifying the connection between international law and the Maritime Police Law,and clarifying the legal responsibility for improper application of tracking and monitoring measures;In the new development pattern of domestic circulation as the main body and domestic and international dual circulation promoting each other,corresponding improvement suggestions are proposed for the more efficient application of tracking and monitoring measures by China’s maritime police.