Research On Law Enforcement Of Maritime Rights Protection By China Coast Guard In Disputed Sea Areas

The disputed sea area has always been a sensitive issue in the world,from the perspective of China’s external security environment,eight countries adjacent to or facing China at sea,such as South Korea,Japan,Malaysia etc.,all have maritime disputes with China,and the contradiction between China and its maritime neighbors is very prominent due to the narrow sea area.These make the task of maritime rights protection in China more and more arduous,and as one of the maritime law enforcement agencies,China Coast Guard(CCG)is facing severe challenges in maritime rights protection law enforcement.With the enhancement of China’s maritime rights and interests awareness and the development of marine undertakings,China’s law enforcement in disputed sea areas has gradually attracted wide attention.Law enforcement in disputed sea areas is not only an important means to safeguard national sovereignty,security and maritime rights and interests,but also an important part of international rule of law and maritime order.However,in the process of law enforcement in disputed sea areas,China is still facing a series of legal,institutional and practical challenges.How to protect national maritime rights and interests on the basis of following international law has important theoretical and practical significance for CCG law enforcement.Coincided with the implementation of Coast Guard Law of the People’s Republic of China,this law constructs the conceptual system of coast guard law,establishes the law enforcement system of coast guard rights protection,clarifies the legal status of CCG,forms the law enforcement system of sea areas under its jurisdiction,innovates the administrative law enforcement system,clearly stipulates the use conditions of weapons and police equipment,and endows CCG with certain legislative power.The Coast Guard Law lays a foundation for the construction of the rule of law of coast guard,especially the perfection of the legal system of CCG,and also provides an opportunity for perfecting the law enforcement research of CCG in disputed sea areas.The thesis is divided into five parts.Firstly,it is an overview of CCG law enforcement in disputed sea areas,including the causes of disputed sea areas,the classification of types,the disputed sea areas around China and the basis of CCG law enforcement in disputed sea areas.At the same time,it analyzes the attributes of CCG to respond to some international disputes.The second chapter elaborates the legal basis of CCG in the disputed sea area rights enforcement and explores the new right of China Coast Guard Bureau to establish the power of regulations by Coast Guard Law of PRC.The third chapter distinguishes according to different law enforcement objects and clarifies different law enforcement authorities.The fourth chapter explores the legality and principles of the use of force by CCG,thinks about whether the newly set temporary warning zone system at sea in the Coast Guard Law conflicts with "due consideration of obligations",analyzes the problems existing in the law enforcement cooperation of maritime rights protection in disputed waters,and discusses the power of CCG to formulate regulations.Finally,aiming at the law enforcement of CCG in disputed sea areas,this thesis puts forward relevant suggestions from the aspects of international cooperation and the use of means.