中国海警船冲撞方式执法问题探析

Analysis of the collision type law enforcement of the China Coast Guard

近些年,中国维护和拓展海洋权益的步伐逐步加快,中国实现海上巡航的常态化,提高了海洋执法成效。但中国海警频繁采用船舶冲撞方式行使海洋执法权,日益突显其尴尬困境。从理论层面对中国海警船冲撞方式执法进行分析,着重对其法律依据、与相关国际公约及惯例的冲突等方面进行分析。应明确海警船行政及刑事执法权限、执法方式及武力使用层级,加强海警与海警船武器配备,以更好地维护中国海洋权益。

In the recent years,China has speed up its pace to safeguard and expand its ocean rights and interests. The marine patrol is now becoming a permanent event in China and is making the maritime enforcement more effective in the protection of the maritime interests of China. But problems emerged concerning whether the way of bumping and dashing the illicit ship is an appropriate and acceptable action in the enforcement activities. By reviewing the international case law and other admiralty rules, regimes and norms, it is concluded that the enforcement by bumping and dashing did not corresponded with interna-tional practice and was even not in the line with domestic laws. It is suggested to specify the way of authorizing the power and the way of using the armed force, and to strengthen the equipment and armoring of the coastal guard so as to protect the mari-time interests of China.