碩士 / 中央警察大學 / 水上警察研究所 / 107 / According to Fisheries Act, the Fishery Competent Authority is responsible for the maritime safety of fishing vessels. In 2000, Coast Guard Agency is established and enforces port security inspections in accordance with Coast Guard Act. First On November 28th 2012, Article 11-1 of Fisheries Act has been amended and published where any fishing vessel leaving port in violation of the provisions, the Fishery Competent Authority may commission the Coast Guard Agency to take appropriate measures to prevent the vessel from leaving port, and may take compulsory measures, it’s “commission-enforce”. And on July 20th 2016, Article 49 of Fisheries Act has been amended and published that the Coast Guard Agency may pursuant to its mandate, designate officer(s) to the fishing vessel of the fishery operator for inspection and question any relevant party. The relevant party shall not evade, obstruct or deny any of the inspections, it’s “enforce by law”. The difference of them is “Coast Guard Administration, Executive Yuan” be established, it not only confirmed the legal enforcement system about combination of coast and sea, but also protected the Nation’s right of the sea and people’s life property, focus on the appropriateness of law enforcement in two aspects. In the process of law enforcement, shall take into account the principles of fairness, appropriateness, and thoroughness, actively develop towards the ocean and create a new era of maritime and coastal patrols in Taiwan. The Legislative Yuan’s reason for the revision of the law in 2016, updated “The Coast Guard Agency may designate officer(s) to the fishing vessel for inspection and question to meet practical needs.” To see the importance of the Coast Guard Agency for fisheries law enforcement. However, Fisheries Act’s central competent authority is Council of Agriculture, Executive Yuan; in fact, the purpose of the business is the organization of its three levels of institutions: Fishery Agency that has jurisdiction with Coast Guard Agency for each one. There’re two or more ways to enforce in interrelated systems, it’s controversial to enforce law of fishing vessels. This study reference related legal system of Japan especially, trying to explore the duties and divisions between the Fisheries Agency and the Coast Guard Agency, and review whether the enforcement methods of the Coast Guard Agency are safe in practice, suggest amendments and what the Coast Guard Agency should do.
| Identifer | oai:union.ndltd.org:TW/107CPU00670007 |
| Date | January 2019 |
| Creators | CHOU,CHENG-WEI, 周承緯 |
| Contributors | CHIANG,HUANG-CHIH, LIOU,CHUEN-HUEI, 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 | 164 |
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