碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 99 / Coast Guard Administration is the maritime law enforcement agency in Taiwan. Maritime law enforcement has multiple tasks, while the Coast Guard Act gives coast guards power to crack down on smuggling, illegal immigration and crime investigation. The duty of the Coast Guard Administration covers inner sea, territorial waters, contiguous zone, exclusive economic zone, and the high sea. In different territorial areas, there are different laws governing the sea, including administration laws and judicial laws. It is observed that administrative investigations are often related to, or causally linked to, criminal investigation procedures. Therefore, though international maritime law grants coastal countries jurisdiction, the fusion of administrative investigations and criminal investigation procedures often causes confusions.
The research motive of this study could be traced back to the period when the author was responsible for maritime jobs. Research results derived from maritime law enforcement cases show intricacies between administrative investigations and criminal investigation procedures, which are difficult problems in both theories and practices. Administrative investigations and criminal investigation procedures cannot be distinguished clearly and have enormous impact on human rights. Judicial Yuan Interpretation No. 535 announces that rummage service stipulated in police duties regulation is unconstitutional. In order to maintain citizens’ basic rights, principles, components, it reveals that coastal guards’ strategies to fulfill their duties are similar to the administrative investigation, and strategies of police enforcement. Therefore, it is important to discuss whether or not maritime law enforcement should be regulated by Judicial Yuan Interpretation No. 535.
This study examines the maritime law enforcement disputes and problems resulted from administrative and criminal investigation procedures from theoretical and practical perspectives. It further proposes suggestions for solving and minimizing potential disputes. The results can serve as references for implementing maritime law enforcement procedures that could make a balance between law enforcement officers’ security and citizens’ basic rights under the principle of constitutional state.
| Identifer | oai:union.ndltd.org:TW/099NTOU5273009 |
| Date | January 2011 |
| Creators | Cheng-Yi Yu, 余政毅 |
| Contributors | Dr. Chen-Yo Choh, 周成瑜博士 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 159 |
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