南京国民政府时期海关缉私界线划定述论

A Discussion of the Customs Anti-smuggling Boundary Demarcation in the Period of Nanjing National Government

1929年中国实行新税则后,走私活动渐趋猖獗,为使海关打击海上走私时有界域可循,国民政府划定了缉私界线。各部门在划界工作中,对现代海权理论和划界原则进行了重新认知,采用国际通行的"毗连地带主义",确定了以三海里为领海界线,十二海里为缉私界线。缉私界线的划定是以国际法和国际惯例为依据,日本却以强权逻辑进行干预,使该制度的制定和推行大受影响。不过,值得肯定的是,缉私界线的划定与施行是国民政府积极运用国际准则维护海洋权益的行为,展示了其在现代国家建设与履行国家职责方面的进步。

Since the implementation of the new tax regulations in 1929,smuggling activities had become increasingly rampant.Therefore,the Nanjing National Government demarcated the anti-smuggling boundary for customs to follow when fighting against smuggling on the sea.During demarcation,each department re-knew the modern sea right theories and demarcation principles,and adopted the internationally accepted"contiguous zone principle"to take three nautical miles as the territorial sea boundary and twelve nautical miles as the anti-smuggling boundary.The anti-smuggling boundary demarcation,though based on international law and common practice,was intervened by Japan relying on its strong power,which significantly affected the establishment and implementation of the system.Nevertheless,it is certain that the anti-smuggling boundary demarcation and implementation are the behaviors of the Nanjing National Government to actively apply international norms to safeguard its maritime rights and interests,which manifests its progress in the construction of a modern country and the performance of its duties.