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The Study on the Problems Related to the Jurisdiction of Maritime Zone

Maritime law enforcement is the fundamental issue for the national security as well a great component for the social and economic stability. This is the trend of international society, especially on the aspects of the highly advancement of scientific technology and the upward surge of human right. People become non-passive on the carrying-out of .law enforcement without contortion and actively conform to the quality and standard of laws by the institutional performance. It is noted that people have serious considered their individual rights, especially to the limitation or prohibition of their rights after the release of 535 th solution by the grand justice. It is the obligation of law maker or practitioner to carefully examining people¡¦s right.
Coast Guard Administration of Executive Yuan is the sole institution responsible for maritime law enforcement. Its maritime law enforcement scope consists of internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf and the high seas. The CGA enforce the laws and conform to not only the nation, but also the international jurisdiction rights.
The present study has identified following issues for the improvement of current maritime law enforcement; 1) a lack of proper laws for authoring the coast guard administration on maritime enforcement, 2) a need to revising and formulating the laws related to the tasks of the coast guard institution, 3) a proper law to integrate, reform and unify or amend the laws or acts among the different government departments. 4) the unfitness of the function of 535 th solution to meet with the maritime law enforcement, 5) the problem of penalty and fine on the prohibited waters, 6) the future direction and its capacity for international and cross-channel activities related to cut-down the domestic criminal cases. These issues are imperatively needed to improve the governmental effectiveness on the development of resources and manpower in order to enhance the capability of coast guard institution to apprehend smugglers and arrest sneaking people. Furthermore, the laws shall be able to provide the power to maintain fishery resources, protect sea environment, and perform the safe and rescue on the sea. Thus, the nation can be in competitive pace with the international advanced countries in regard to the law system.

Identiferoai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0820109-181821
Date20 August 2009
CreatorsLu, Shih-Yang
ContributorsLi-Tong Jhen, Yang-Yi Jhen, Yi-Che Shih, Chiu-Long Chou
PublisherNSYSU
Source SetsNSYSU Electronic Thesis and Dissertation Archive
LanguageCholon
Detected LanguageEnglish
Typetext
Formatapplication/pdf
Sourcehttp://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0820109-181821
Rightsnot_available, Copyright information available at source archive

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