论远洋船舶船长行使警察权的正当性

On the Legitimacy of the Police Power by the Master of a Seagoing Ship

我国《海商法》第36条第1款规定,为保障在船人员和船舶的安全,船长有权对在船上进行违法犯罪活动的人采取禁闭或其他必要措施,并防止其隐匿、毁灭、伪造证据。这一规定究竟赋予了船长何种权力(利)抑或职能,何为船长此权的正当性基础等问题,我们认为有明晰的必要。

In accordance with paragraph 1 article 36 in Maritime Law of PRC, in order to ensure the safety of the ship and all persons aboard, the master shall be empowered to confine or take other necessary measures against those who have committed crimes or violated laws or regulations on board and to guard against the concealment, destruction, or forging of evidences by them. We believe that it is necessary to clarify the issues as follows： what power/right or functions on earth a master shall enjoy or perform under this provision and what its legitimacy is, etc.