碩士 / 中央警察大學 / 水上警察研究所 / 103 / Due to the fact the living resource in the waters at vicinity of China’s coast are over-exploited, Chinese fishing vessels are venturing into the waters under the jurisdiction of its neighboring States, including Taiwan and Japan. These fishing vessels not only illegally conduct fishing activities. They even adopted those fishing method, such as poisoning, electricity, bombing or bottom-trawling, that are highly detrimental to the living resources. As far as domestic politics, municipal legislations, law enforcement agencies well as law enforcement techniques are concerned, Taiwan and Japan are not all the same with each other; however, both States face the same threat of illegal fishing activities in their respective waters from Chinese fishing vessels. This thesis tries to analyze the law enforcement techniques as adopted by Taiwan’s maritime law enforcement agency from the view point of Japanese student with the purpose of providing workable experiences for Japan for handling illegal Chinese fishing vessels.
The political relationship between China and Taiwan is highly complex and intricate due its peculiar historical background. Be that as it may, it is undeniable there exist two separate entities both having their territories, populations and sovereignty. Under the presumption that two governments will act in mutual respect as far as the jurisdiction of Taiwan Strait is concerned, they should be cooperated in maintaining the fishing order of the waters under their jurisdiction respectively. Should China continuously let its fishing vessels intrude into neighboring waters and commit illegal fishing, neighboring States will have no choice but strengthening their own legal system and law enforcement capabilities for the purpose of effectively fending off those illegal activities. From the viewpoint of long-term sustainability of marine resources and the maintenance of balanced ecosystem system, it is self-evident that we have to leave all political considerations aside and only aims at creating a friendly atmosphere between all States concerned. .
After the lifting of martial law and the termination of the period Communist Rebellion, Taiwan promulgated “Statute for the Relations between the Peoples of Taiwan Area and the Mainland Area” (hereinafter “Cross-Strait Relations Statute”) to regulate the newly emerged cross-strait issues. Moreover, Taiwan also established the R.O.C. Coast Guard Agency to handle issues pertaining to the large number of Chinese fishing boats since such issues needed to be handled with care. .
As a special law, "Cross-Strait Relations Statute", as a special law, has a preference status as compared with other legislations. In accordance with Article 80 of the 1 of that Statute, any Chinese fishing boat illegally access the prohibited waters are subject of a fine no less than NT $ 300,000 up to $ 10 million. Be that as it may, the amount the fine might be raised should we compared that practices of Japan or the Philippines. In addition, unauthorized fishing in prohibited waters also violates the "Immigration Law.” As a result, such activity might also be punished for the crime of illegal immigration in according to the Immigration Law. Furthermore, any vessel illegal cross the median line of the Taiwan Strait is also subject to punishment as provided in the provisions of “Fishery Act” and “ROC Exclusive Economic Zone and Continental Shelf Law”.
With respect to the organization, Coast Guard Agency are composed of personnel from various branches of the government, including Coast Guard Command of the Ministry of Defense, Maritime Police Bureau of Ministry of Inferior and Customs officials of Ministry of Finance. As a result, too many personnel are stationed on land rather than on the ocean due to this special historic background. For the purpose of enhancing the Agency’s maritime law enforcement capacity, it appears more appropriate to transfer some personnel to be stationed on the ocean and to build more law enforcement vessels. Furthermore, it is necessary to establish an air-borne fleet for the Coast Guard since ocean-going fleet is by nature limited by speed. By doing so, it might be possible for Taiwan to pursue its goal of being a Oceanic State.
Viewing from a Japanese perspective, Taiwan’s handling of Chinese fishing vessels does have a certain merit. These includes, but not limited to, the interrogation of detaining fishermen, the imposition of illegal immigration against those fishermen, and deployment of law-enforcement officers who can speak Chinese.
| Identifer | oai:union.ndltd.org:TW/103CPU05670004 |
| Date | January 1040 |
| Creators | 宿里和齊 |
| Contributors | 姜皇池、劉春暉 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 197 |
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