Study On The Construction Of Ad Hoc Arbitration System In The International Commercial And Maritime Arbitration Of China

On January 22,2021,the 25 th meeting of the Standing Committee of the 13 th National People’s Congress formally voted to adopt the Maritime Police Law.The formal implementation of the Law has attracted wide attention of the international community.In particular,the provisions of Chapter VI of the Maritime Police Law,"Use of police equipment and weapons",have been criticized and concerned by countries led by the United States and Japan.The excessive interpretation and deliberate misinterpretation of the relevant provisions on the use of weapons by China’s maritime police agencies have presented a trend of "misjudgment,misunderstanding and worry".This thesis hopes to analyze the existing problems and current situation of the use of weapons in China’s current maritime police agencies by comparing with the relevant contents of the use of weapons in the United States and Japan,so as to create a good law enforcement space for promoting the construction of the maritime police weapons use system.This thesis is divided into five parts.The first part is the research on the concepts related to the use of maritime law enforcement weapons by the maritime police.First,it defines "maritime police","maritime law enforcement" and "weapons used for maritime law enforcement";Secondly,it defines the elements of the use of weapons in maritime law enforcement by the maritime police,and analyzes the legal requirements of the use of weapons in maritime law enforcement by the maritime police in China from the legal level.The second part is about the scope and principles of the use of maritime law enforcement weapons by China’s maritime police.First of all,it analyzes and summarizes the scope of application of weapons in maritime law enforcement by the maritime police,and introduces the current situation of the use of weapons in maritime law enforcement by the maritime police in China.Secondly,based on the restrictions on the use of weapons in maritime law enforcement by the maritime police,the basic principles of the use of weapons in maritime law enforcement by the maritime police in China are analyzed and summarized by comparing the concepts of the use of weapons by the maritime public security organs and the maritime law enforcement organs in the world.The third part is the relevant provisions on the use of law enforcement weapons at sea in countries around the world.Firstly,the concept and specific provisions of the use of weapons under the international law of the sea are summarized.Secondly,it focuses on the summary and analysis of the relevant regulations and current situation of the use of weapons in the maritime law enforcement of the United States and Japan,and compares the current legal provisions and specific practices of the use of weapons in the United States and Japan with the use of weapons in China’s maritime police,and at the same time provides an effective response for the United States and Japan to the unreasonable use of weapons in China.The fourth part is about the use of weapons in the maritime law enforcement of China’s maritime police.In addition to the analysis of the imperfect regulations on the use of weapons by the maritime police,the absence of supervision,and the abuse of weapons at the level of the enforcement of the use of weapons by the maritime police,it also discusses other legal issues such as legitimate defense,emergency avoidance,and the application of the principle of proportionality.The fifth part is the suggestions for the improvement of the use of weapons by China’s maritime police.Starting from the current situation of the use of weapons by the maritime police in China,combining with the relevant provisions of the world on the use of weapons,the Maritime Police Law of China,the Regulations of the People’s Republic of China on the Use of Police Equipment and Weapons by the People’s Police and other laws and regulations,and other relevant reference materials,this paper deeply analyzes the future route of the use of weapons by the maritime police in China,and provides a negligible view for the further improvement of the use of weapons by the maritime police.Through the above five parts,on the one hand,we can deeply analyze the relevant regulations of the United States and Japan on the use of weapons at sea,learn from the experience,and make a positive response to the criticism of the United States and Japan on the use of weapons in the law enforcement of China’s maritime police.On the other hand,through comparative analysis of the current problems and deficiencies in the use of marine police weapons in China,the thesis puts forward suggestions for improvement,so as to better escort the improvement of China’s marine police weapons use system and safeguard China’s maritime rights and interests.