Controversies and amendment proposals on the China Coast Guard Law

Abstract

The China Coast Guard Law (CCGL) is legislation around the China Coast Guard (CCG). Its purpose is to regulate and guarantee the fulfilment of the CCG’s duties, addressing the lack of systematic regulation of the CCG’s rights protection and law enforcement. The CCG possesses administrative, military, and judicial attributes. Its function is to safeguard China’s legitimate maritime rights and interests, promote the construction of a regional harmonious and symbiotic maritime order, and contribute to the establishment of a global just and civilized maritime order. The formulation and implementation of the CCGL have faced challenges. Disputes over its application have mainly centred on four aspects: the definition of jurisdictional marine areas, types of law enforcement, immunity for warships and government ships, and the use of force. The enactment of the CCGL strictly adhered to China’s legislative procedures, and the content of its provisions aligns with the requirements of international law. However, there are deficiencies in the CCGL, necessitating the refinement of rules on the use of force, clarification of criteria for determining infringement by foreign warships and government ships, distinction between the principles of law enforcement in different maritime areas, and the establishment of a mechanism for the settlement of disputes over maritime law enforcement and maintenance of rights.