Coast Guard Detention System and Personal Freedom Protection

• Main Authors: YANG,CHIN-TSAI, 楊進財
• Other Authors: LEE,JUI-SHENG
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/qxhqf4

碩士 === 國立金門大學 === 海洋與邊境管理學系碩士班 === 107 === Cross-strait relations are not currently a "state-to-state" relationship in international law. In other words, China still cannot claim the 12 nautical mile territorial waters of the Chinese mainland. However, the PRC government cannot allow the mainland ships to sail in the vicinity of the Taiwan area (Taiwan, Wuhu Kinmen, Mazu). Article 32 of the Regulations stipulates: "A continental ship may restrict or prohibit waters without permission, and the competent coastal patrol agency may drive away or detain its ships, articles, retain its personnel or provide necessary defense." A temporary measure to carry out a case investigation in a manner that restricts personal freedom is not a means of punishment. Since the lien system is still incomplete, the detention is determined by the administrative organ, and even the detention of the indulgent person for three months is in the form of detention, but there is no clear period of retention, which is a major damage to the human rights image of our country. The personal freedom guaranteed is contrary to the law. Therefore, this paper aims to analyze the relationship between the execution of public power and human rights protection by the coastal patrol agency to understand the relationship between the execution of public power and human rights protection, and to examine the legal system of the people in the mainland. The current situation of practice, and then put forward relevant conclusions and recommendations, and expect the retention of administration to be more perfect.