碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 92 / Abstract
Owing to the maritime police power is different from the on-land police power. To understand the on-land police power is essential to discuss the significance of the police first. By means of connected studying police’s significance and on-land police power, we can guide the significance of marine police power. As the maritime police power originate from the high sea, we can study the connected international law first. And then back to suitability of the related domestic laws and regulations and analysis of the relationship between the administrative inspections. Though the maritime police power’s development is later, it gradually gets more attention.
To enforce the maritime police power in the jurisdiction waters is legal, and therefore is essential to bind the jurisdiction scope of various waters (internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and high sea). To analyze the jurisdiction of the respectively coastal state, the article separately performs by the international law and the related domestic stipulation. By the way, the important theory principle of “the right of innocent passage” and” freedom of the high sea” will be specially explained here.
The importance of regulations to the law enforcement officers is regarding similarly to the importance of guns to the soldiers. To enforce the maritime police power are dispersed respectively in the related usages. There are differences above these. Therefore, how to correctly adopt laws and regulations or how to revise or adjust the difference between them are the aspects to respectively be discussed. In addition, another discussible topic is the analyses of the power and division of labor between the defense patrol institutes and other administrations. As the condition practicing by US will supply our country in future the reference to revise the laws.
The rights of approaching, hot pursuit, boarding and searching are various types of the maritime power’s implementation. The right of approach only leads the way to enforce boarding inspection for the warship or the government ships. The key point depends on whether has the right of boarding or not. No matter the host or the guest are the same to implement the right of approach and boarding. Along with the time and technical progress, the right of hot pursuit’s important document will develop into new type.
The problems to implement right of hot pursuit, boarding and searching can be solved and go smoothly by the patrol institutions’ intensive training and cooperation.
According to the aforementioned, we can clear the meaning of maritime police power and separately analyze the implementation of the related regulations. At last, we will try to forward some proposals to the patrol institutions to dissolve the implementation’s puzzle.
| Identifer | oai:union.ndltd.org:TW/092NTOU5273019 |
| Date | January 2004 |
| Creators | Chih-Hung Lin, 林志宏 |
| Contributors | 魏靜芬 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 244 |
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