碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 97 / The main purpose of this thesis is primarily based on the procedure, which the coast guard personnel should obey when executing duty. In other words, this research takes administrative procedure and criminal procedure as a core foundation, indicating current problems of maritime and coast law enforcement caused by coast guard institutions. Whereby, the area, methods, and procedures of current maritime and coast law enforcement could be examined to see whether having any conflict in practice and thus to find the right and reasonable legal system, regulations and practical operation patterns.
Initially, this dissertation introduces the related system of our domestic coast guard authority. It starts with the definition of the concepts and functions of coast guard. Then, ascertaining the duty, authority and responsibility of Coast Guard Administration (CGA), and discussing about CGA future development, if which establishes maritime affair departments and other relative institutions. Accordingly, the ambit, authority and responsibility of coast guard institutions, maritime and coast law enforcement are able to be clarified. Moreover, in terms of the criminal jurisdiction within certain limits of coast guard institutions, this study debates individually from two aspects that are code of criminal procedure and the law of coast guard, in order to define the relation between criminal search and administrative examination. Additionally, this study also analyzes the significance and characters of administrative investigation, administrative inspection and administrative rummage, and compares the differences among the rummage, boarding and inspection, and arrestment. Finally, it discovers the influence on administrative examination of coast guard institutions after the announcement of J. Y. Interpretation No 535th, especially emphasizes on the distinction between the inspected boundaries of coast guard institutions and criminal rummage.
Furthermore, CGA is one domestic and special maritime enforcement institution, which ambit of law enforcement includes internal waters, territorial sea, contiguous zone, exclusive economic zone (EEZ), continental shelf and high sea. Firstly, the methods of maritime law enforcement could be divided into three aspects: for humans, objects, and the boats including the right of approaching, right of hot pursuit, and boarding and inspection. Besides, the procedure of maritime law enforcement includes sea interception, boarding and inspection. Secondly, this study distinguishes among law enforcement, criminal rummage and detainment. Eventually, it analyzes the problems which occur during the task of coast guard institutions enforcing rummage. Overall, coast guard personal executes the task on the sea is certainly full of various risks and harassment which is more difficult than policemen does on land. Therefore, the exclusive laws of duty should be made for coast guard intuitions to obey in law enforcement and as to unify into statutory missions.
In conclusion, this dissertation plans to take the content of the draft statute of coast guard personnel’s duty Administration as the main spindle and reviews the 4th and 5th related regulations in the Law of Coast Guard. Additionally, it also refers to other law enforcement of advanced marine countries, suitable for times trend and the actual requirements of our society. Thus, coast guard institutions could have clear and definite bases and principles to follow while in law enforcement.
| Identifer | oai:union.ndltd.org:TW/097NTOU5273026 |
| Date | January 2009 |
| Creators | Tuan-En Chan, 詹端恩 |
| Contributors | Robert Lih-Torng Chen, 陳荔彤 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 250 |
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