碩士 / 國立臺北大學 / 公共行政暨政策學系碩士在職專班 / 103 / The Coast Guard Administration (CGA) is a multi-function department with a mixture of military appointment, police appointment, civil post, and customs post. The “Marine anti-smuggling” mission may be obvious as a police jobs. However, unlike the Ministry of the Interior National Police Agency, the CGA has no “Police Authority Enforcement Act'” or “Police Duty Regulations”. The CGA bases its law enforcement on the “Coast Guard Act”, “Enforcement Procedure of Coast and Marine”, “Regulations for Coast Guard Administration to Conduct Boarding and Inspection Procedures”, and “Guidelines to Perform Coast Guard Duties”. These are, according to Article 159 of the Administrative Procedure Act, administrative directions except for the “Coast Guard Act”. There are doubts about whether it is appropriate to enforce the law based on these regulations.
The theoretical basis of this study is the rule of law, which suggests the separation of powers of government institutions for supervision and balances, the government agencies and public servants administer abide by the law to avoid people’s right being infringed. In other words, in order to protect people’s fundamental civil rights, limitations on these rights must be based on the principle of clarity and definite principle of proportionality. In cases these rights are infringed, a way for right relief shall be provided. In Taiwan, criminal regulation has always been criticized by scholars due to special criminal law and the many subordinate regulations. A crime can varied with different interpretation and law regulation. In the aspect of this research topic, many different regulations may also be applicable to the same act of smuggling and thus result in lapping of legal provisions. This study listed, analyzed, and discussed the laws related to the procedure of marine anti-smuggling operations. In the hopes of identifying controversial points, exploring the necessity and corresponding directions for revision, as a reference for future studies regarding these regulations. The research purposes of this study are (1) to clarify the legal basis for the jurisdiction controversies of boarding and inspecting fishing boats for marine anti-smuggling; and (2) to discuss the disputes caused related to the legal procedures of boarding and inspecting fishing boats for marine anti-smuggling; and (3) to explore the legal remedy and relief related to marine anti-smuggling cases.
Based on the research motivation and research purposes of this study, the “qualitative research method” was adopted. The related discussions by scholars, laws and decrees, and historical literature were also reviewed. The research methods applied include “literature review” and “in-depth interview”.
The research findings are summarized as below: (1) the jurisdictions of the related institutions are overlapped and may easily caused controversies; (2) the procedure of boarding fishing boats for inspection should be regulated by the law; and (3) there is no efficient mechanism for opposition procedure.
The suggestions for law revision include the followings: (1) Article 5 of the Coast Guard Act should cover clear regulations regarding authorities; (2) legal trainings for law enforcement personnel should be improved (3) the SOP for law enforcement should be reviewed on a regular time schedule; and (4) the trend of cross-border cooperation should be followed.
Key words：Coast Guard Act, Boarding, Inspecting.
| Identifer | oai:union.ndltd.org:TW/103NTPU1610016 |
| Date | January 2015 |
| Creators | Yu, Yia-Chu, 游雅筑 |
| Contributors | Dr. Chen, Yao-Hsiang, 陳耀祥博士 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 165 |
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