碩士 / 中央警察大學 / 水上警察研究所 / 107 / In order to protect the oceans and promote the sustainable use of resources, China implements summer fishing moratorium in certain sea areas. Therefore, China fishing boats often cross the border to fishing assembly to the seas of Taiwan, seriously disrupting the order of Taiwan's seas ,affecting national security, destroying the marine ecology, and affecting fishermen's rights. In response to the frequent cross-border situation of China ships, Taiwan has carried out several amendments to the "Act Governing Relations between People of the Taiwan Area and Mainland Area" and increased fines to curb their entry into the Taiwan's seas.
However, the illegal behavior of China ships entering Taiwan’s seas, in addition to their fishing activities, will also involve entering Taiwan Area without permission. In this regard , China fishing boats handling fishing activities will derive whether it is a violation of the number of provisions or a number of violations of the number of provisions.In addition, their fishing activities are not only entering the prohibition and restriction of waters announced in accordance with the "Act Governing Relations between People of the Taiwan Area and Mainland Area", but also handling outside the restricted waters commonly.
According to the latter section of Article 1 of the "Act Governing Relations between People of the Taiwan Area and Mainland Area": "If there is no provision in this Ordinance, the provisions of other relevant laws shall apply". It should be disposed of in the "Fisheries Law" or the" Law of the Republic of China on Exclusive Economic Seas and the Continental reef". However, the practical agency only deals with the case by expelling and cannot directly punish their illegal activities, which doesn’t conform the meaning of " the provisions of other relevant laws shall apply ".
In summary, this article will reference the scholars' opinions and legal principles, distinguish Taiwan's waters to three areas, explore the fishing behavior of China ships, and comment on the current practice to improve the direction.
Keyword: Number of actions, Entering Taiwan without permission, Outside the restricted waters, Cross-border fishing
| Identifer | oai:union.ndltd.org:TW/107CPU00670011 |
| Date | January 2019 |
| Creators | KE,TING-WEI, 柯庭葦 |
| Contributors | CHIANG,HUANG-CHIH, CHEN,KUO-SHENG, 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 | 120 |
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