碩士 / 中央警察大學 / 水上警察研究所 / 106 / Our nation's maritime policy is "Blue Revolution,and using the sea to revitalize country", legislators also hope to set up a comprehensive maritime dedicated law enforcement agency to step up the first step of the blue land. According to the "Coast Guard Law" Art.3, R.O.C. Coast Guard Administration was authorized to set up in A.D.2000, as R.O.C. maritime law enforcement agency, law enforcement will be applicable to the laws and regulations which are covered in, but when other laws and regulations's application conflicts with the "Coast Guard Law", which should we apply for? Current practice agencies said "As long as there is any law formulating Coast Guard Administration can do something, Coast Guard Administration just can do the something regardless of the conflict of Coast Guard law and those laws." My article thinks that the cognitive isn't appropriate because it ignores the importance of "Coast Guard Law". "Coast Guard Law" as the nature law with the organization and execution characteristic, when we inspect the personnel composition, legislative process, the institution of United States and Japan, and the direction of R.O.C.'s marine policy, "Coast Guard Law" should exist necessarily for Coast Guard Administration. In regard to the application of law, my article thinks that the "parallel relationship" of the Coast Guard law system should be transformed into "vertical relationship". In order to enable Coast Guard Administration to focus on the relevant law enforcement of ocean affairs, avoid focusing on the inland crime inspection or the enhancement of national defense force, overlap with the functions of other organizations, result in waste of resources, "Coast Guard Law" should be located at higher status in the Coast Guard law system. The matters which should be carried out by Coast Guard Administration should be regulated in" Coast Guard Law". And then, Coast Guard Administration should accord to the regulations to execute other relational laws.
| Identifer | oai:union.ndltd.org:TW/106CPU05670003 |
| Date | January 2018 |
| Creators | 陳力瑋 |
| Contributors | 姜皇池、陳國勝 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 124 |
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