A Study on Subjective Matter Jurisdiction of Coast Guard Organization-In terms of Defining Enforcement Matters of the Coast Guard Law

• Main Authors: Wen-Pin Huang, 黃文斌
• Other Authors: Kuo-Sheng Chen
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/39221453979176962558

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 94 === Abstract There are six chapters in this article. Chapter one is the preface. The discussion is divided into five sections, including motive of research, objective of research, citation analysis of the papers, research method and expected result. In chapter two, we analyze the demarcation of affairs between coast guard organization and other government administrative organization. It includes four sections. Firstly, we describe the permanent principal of demarcation of the government administrative organization. Then, we discuss the exception of the mentioned principal (authority appointment, authority trusteeship, administrative appointment, duty support). Finally, we discuss the competition and cooperation between the government administrative organizations for demarcation. In Chapter three, we probe into the history and the course of change and development, establishment, organization, task and focal point of affairs of US Coast Guard and Japan Coast Guard. We also review and analyze them. They have established the organizations to in charge of the affairs first. Then the mechanism is established to enforce the law of the coast area. This can be used as an example of accommodation of the law and the establishment of regulation. In chapter four, we will look into the structure of division of labor between the coast guard organization and other government administrative organization. This includes two sections. Section one analyzes the policy of establishment of coast guard organization. Then we look into the importance of coast patrol, the frame before and after the legislation of Coast Guard Administration law, and also explain the current situation of Coast Guard Bureau. In section two, we probe into the course of legislation of Coast Guard Administration law. We will concentrate on the reasons and content of agreement, objection, and additions and deletions of clause. Chapter five analyzes the problem of demarcation between coast guard organization and other government administrative organizations. It has been divided into two sections. Section one probes into the article 4 "affairs to administer" of Coast Guard Administration law. Firstly, we analyze the legal nature of the mentioned affairs. Then we analyze the "affairs to administer". In section two, we probe into how the coast guard organization coordinates and associates with other government organizations. We analyze the problem of demarcation between coast guard organization and other six administrative organizations which include Police and Fire Service Department, Ministry of National Defense, Ministry of Finance, Ministry of Transportation and Communications, Environmental Protection Administration and Council of Agricultural, etc. Chapter six is the conclusion and suggestion. What should be the role of coast guard organization when they enforce the law? Should they enforce the Article 4, item 1, section 4 "affairs to administer" of Coast Guard Administration law if and only if they have received the trusteeship? Have they alternatively been authorized the necessary authority of demarcation by the law already? For these questions, we have found the answers from this research. Through the course of legislation of Coast Guard Administration law and Marine Pollution Control Act as well as the design of the marine policy, Fisheries Agency Council of Agricultural and Directorate General of Customs Ministry of Finance set aside the ships to Coast Guard Bureau. Besides, we probe into and analyze the course of legislation regarding the organizations that enforce the coastal law in US and Japan; it shows that the conclusion is very clear. Both coast guard organization and other government administrative organizations have the demarcation on coastal relevant affairs. However, coast guard would still be the actual organization that is able to enforce the law. When we handle the competition and cooperation of demarcation, we should follow the administrative procedure as specified in article 13. Each organization should do the part of one's job and also cooperate to each other at the same time. The arrangement of coordination and association between the organizations is managed by the additional regulation.