海上刑事案件证据收集问题研究

Research on Collection of Evidence for Maritime Criminal Cases

2021年2月1日《中华人民共和国海警法》正式颁布施行,为中国海警开展海上维权执法提供了“母法遵循”。执法实践中,取证是一个重要环节,但海上执法不同于陆上执法,其面临的取证难度及证据采信复杂程度远高于陆上刑事案件。从实务角度出发,分析海警机构在办理常见海上刑事案件时证据收集的难点、面临的取证困境以及进一步优化措施,为贯彻落实《中华人民共和国海警法》、有力维护管辖海域安全稳定、依法严厉打击海上违法犯罪活动提供参考。

The Maritime Police Law of the People's Republic of China which was officially enacted on February 1,2021 and began to be implemented since then provides a mother law for Chinese maritime police to abide by when they enforce and protect maritime law and rights.Although the evidence collection in law enforcement is a significant link,the law enforcement on the sea differs from the law enforcement on the land because the former confronts much more difficulties and complexity in collecting criminal case evidence than the latter.From the practical perspective,this paper analyzes the difficulties and plights that maritime police departments are faced with in collecting evidence when they deal with common maritime criminal cases.Furthermore,it discusses some optimized measures,which can provide reference for better implementation of this law,effective maintenance of the safety and stability of jurisdictional waters,and severe combat against maritime illegal and criminal activities under the law.