TRANSLATED BRIEF EXPLANATION OF THE CHINA COAST GUARD LAW

1st PAGE
Notes on the “Maritime Police Law of the People’s Republic of China (Draft)”

1. The necessity of enacting the “Maritime Police Law”

In order to resolutely safeguard national sovereignty, security, and maritime rights
and interests, and accelerate the advancement of the maritime power strategy, since
the Party’s 18th National Congress, the Party Central Committee has carried out two
major adjustments and reforms to the maritime rights enforcement system. On June
30, 2018, the original coast guard team was placed under the leadership and
command of the Chinese People’s Armed Police Force, and the Chinese People’s
Armed Police Force Coast Guard Corps was adjusted and formed. It was said that
the China Coast Guard Bureau uniformly performed the maritime rights protection
and law enforcement duties, and straightened the sea. Rights protection law
enforcement system. However, the China Coast Guard still lacks a systematic and
adequate legal basis for performing its duties and missions, and there is an urgent
need to formulate the “Maritime Police Law.”

The first is the requirements of the times to build a maritime power and safeguard
maritime rights and interests. President Xi profoundly pointed out that the
construction of sea

Strengthening the country in the ocean is an important part of the cause of socialism
with Chinese characteristics; it is necessary to improve the ability to defend maritime
rights and resolutely safeguard my country’s maritime rights and interests. At
present, my country’s maritime rights protection struggle is facing a severe and
complex situation. It is necessary to comprehensively build a strong maritime rights
law enforcement force, accelerate the formation of a maritime rights law enforcement
legal system, strengthen the development of strategic maritime capabilities and
strengths, and the formulation of the Maritime Police Law is to implement the Party
Central Committee, The Central Military Commission and Chairman Xi have made
major strategic deployments to strengthen the construction of maritime rights and
law enforcement forces, effectively safeguard the national maritime rights and
interests, and accelerate the construction of a maritime power. The second is the
urgent need to regulate and guarantee maritime rights enforcement activities. At
present, the maritime police

The legal basis for rights protection and law enforcement activities is relatively
scattered, and most laws have not yet clarified the status of the maritime police
agency as the main body of law enforcement; and some internal documents
involving maritime rights protection and law enforcement have a small scope of
knowledge and lack of legal effect, and are no longer suitable for the rule of law and
administration of the sea. The requirements for law enforcement of rights protection,
through the formulation of the Maritime Police Law, systematically clarify the
functional positioning, authority measures, and safeguard supervision of the maritime
police agency, straighten out the division of responsibilities and cooperation between
the maritime police agency and other maritime departments, and improve the
maritime rights protection The law enforcement work mechanism provides legal
guarantee for the fulfillment of maritime rights enforcement duties.

The third is an important measure to consolidate and deepen the achievements of

the party and state institutional reforms. Adjusting the leadership and command
system of the maritime police team, completing the scale structure and force
organization reform, and empowering the China Maritime Police Bureau to continue
to perform its maritime rights enforcement duties in a unified manner is an important
part of deepening the reform of the party and state institutions, and is the Party
Central Committee’s overall maritime rights enforcement force Major strategic
decisions made by construction and utilization. Through the formulation of the
“Maritime Police Law,” we will give full play to the leading and promoting role of the
rule of law, and solidify the major decisions and deployments of the Party Central
Committee, the Central Military Commission, and Chairman Xi on the reform and
construction of the Coast Guard in the form of law to ensure the implementation of
the reform results.

Fourth, it is the practical need to follow international conventions and related spirits
and principles of international law. The United Nations Convention on the Law of the
Sea establishes a modern maritime legal system and clarifies the rights and
obligations of coastal states in the jurisdictional waters. Many maritime countries in
the world have established maritime law enforcement agencies and made special
legislation to ensure that their countries effectively exercise sovereignty, sovereign
rights, and jurisdiction over the oceans. The formulation of the “Maritime Police Law”
to be in line with international common practice will help the maritime police agency
to better fulfill the rights and obligations conferred by the “United Nations Convention
on the Law of the Sea” on behalf of the country.

2nd PAGE in original document

The "Decision of the Standing Committee of the National People's Congress on the
China Coast Guard to exercise its maritime rights enforcement powers" clearly
stated that "when conditions are ripe, relevant parties shall promptly propose
proposals for enacting and amending relevant laws and submit them for deliberation
in accordance with legal procedures"; Article 47 of the Police Law stipulates that "the
People's Armed Police Force shall perform maritime rights protection and law
enforcement tasks, which shall be separately provided for by the law." In January
2019, in accordance with the unified deployment of the Central Military Commission,
the Armed Police Force established a special class for the research and drafting of
the (Maritime Police Law), conducted in-depth research and demonstration, repeated
research and revision, and extensively solicited relevant departments of the central
government and the people's governments of coastal provinces (autonomous
regions and municipalities). , Opinions of relevant departments of the Military
Commission and relevant theaters, services and arms: Several expert demonstration
meetings have been held to listen to the opinions of experts and scholars in
administrative law and the law of the sea, to maximize consensus and wisdom, draft
and form a draft, military commission reform and The establishment office organized
a legislative evaluation, and the Legislative Affairs Bureau of the Military Commission
conducted a legislative review. The draft has been deliberated and approved by the
executive meeting of the Central Military Commission. 2. The guiding ideology and
basic ideas for drafting the "Maritime Police Law (Draft)"

Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese

Characteristics for a New Era, thoroughly implement Xi Jinping Thought on
Strengthening the Army, and thoroughly implement the military strategic guidelines
for the new era, with a view to solidly building a strong military spirit, effective rights
protection and law enforcement, consolidating grassroots foundations, accelerating
reform and reshaping, and focusing on mission The mission is to adhere to the
people-centered approach, through legislative norms and promotion of maritime
rights enforcement work, for maritime police agencies to safeguard national
sovereignty, security and maritime rights and interests, protect the legitimate rights
and interests of citizens, legal persons and other organizations, and provide strong
legal guarantees, in accordance with the above guidance The drafting work follows
the following ideas and principles: First, adhere to the reform and innovation,
implement the Party Central Committee, the Central Military Commission and
Chairman Xi’s decision and deployment of the reform of the maritime police force,
especially the mission and task positioning and construction and development
requirements, and summarize the theories and theories of maritime rights law
enforcement. Practical results, innovative systems and mechanisms, reflect the
times of the new system and new mission of the maritime police force, and
comprehensively improve the modernization of the maritime governance system and
governance capabilities. The second is to adhere to the problem-oriented approach,
closely focusing on the outstanding contradictions in the construction and
development of the maritime police force and maritime rights enforcement work,
focusing on responsibilities and missions, doing a good job of legislative design, and
providing strong legal guarantees for maritime police agencies to perform their duties
in accordance with the law. The third is to persist in overall planning and
convergence. Clarify the upper policies, related policies, and supporting policies of
the Maritime Police Law, and deal with the basic laws such as the Administrative
Punishment Law, the Criminal and Non-Procedural Law, and military laws such as
the National Defense Law and the People's Armed Police Law, and The connection
relationship with the law of public security management, ocean, fishery, customs and
other fields, maintains the internal coordination and unity of the legal system. The
fourth is to insist on borrowing and absorbing. Adhere to the domestic and
international perspective, and reasonably learn from the legislation system of
relevant domestic departments, relevant countries and regions.

Useful experience to ensure the scientific and advanced design of the "Maritime
Police Law" system. 3. The main content of the "Maritime Police Law (Draft)"

The draft is divided into 11 chapters, including general provisions, institutions and
responsibilities, maritime security, maritime administrative law enforcement, maritime
criminal investigation, police equipment and weapons use, security and cooperation,
international cooperation, supervision, legal responsibilities, and supplementary
provisions, with a total of 80 articles. The main content is:

(1) Regarding the nature and responsibilities of the maritime police agency, after the
maritime police team is transferred to the armed police force, it has the dual
attributes of armed force and administrative law enforcement force. Accordingly, the
draft clarifies the nature and functional positioning of "coastal police agencies as
important maritime armed forces and national administrative law enforcement forces"
in the general provisions. To advance the law of maritime police agency
responsibility

3rd PAGE in original document

In accordance with the ``Decision of the Standing Committee of the National

People's Congress on the Exercise of Maritime Rights Protection and Law
Enforcement of the China Coast Guard'' and the spirit of the relevant documents of
the Party Central Committee and the Central Military Commission, the draft
stipulates that the China Coast Guard will unify the maritime rights protection and
law enforcement duties, and coastal areas The organized maritime police agency is
responsible for the maritime rights enforcement work in the jurisdiction at this level:
the relevant departments of the central state organs provide professional guidance
for maritime rights enforcement in accordance with relevant national regulations, and
the China Coast Guard and its authorized maritime district bureaus coordinate in
accordance with relevant national regulations To guide and supervise the relevant
law enforcement work of the maritime law enforcement teams of the coastal local
people's governments; at the same time, it is concentrated to clarify the specific 11
responsibilities of maritime police agencies.
(2) Regarding the authority and measures of maritime rights enforcement. In order to
ensure that the maritime police agencies effectively perform their duties of maritime
rights protection and law enforcement, the draft stipulates the corresponding
authority, measures and procedures requirements for the maritime police agencies
to perform tasks in four chapters. Regarding Chapter 3 "Maritime Safety and
Security", it mainly summarizes the work practices of maritime safety and security,
and sets up identification and verification, tracking and monitoring, forced eviction
and towing, forced dismantling, detention of ships, boarding, inspection, hot pursuit,
etc. that meet the characteristics of the sea. Measures are effective to safeguard
national sovereignty, security, and maritime rights and interests, and protect the lives
and property of the people. Regarding Chapter IV "Maritime Administrative Law
Enforcement", in accordance with the "Decision of the Standing Committee of the
National People's Congress on the China Coast Guard to Exercise the Powers of
Maritime Rights and Law Enforcement", it stipulates that the maritime police
agencies shall be responsible for maritime security management, maritime anti-
smuggling, and the development and utilization of marine resources. Marine
ecological environment protection, marine fishery management and other five
administrative law enforcement areas, implement supervision and inspection,
administrative enforcement, and administrative punishment in accordance with
relevant laws and regulations, and follow the basic procedures stipulated by the
"Administrative Punishment Law", "Administrative Mandatory Law" and other laws.
On this basis, the draft focuses on law enforcement measures that are not provided
for by other laws and are actually required for maritime administrative law
enforcement, such as the establishment of temporary maritime security zones,
investigation and control of illegal ships, supervision of foreign ship operations, and
contiguous zone control. Taking into account the special maritime law enforcement
environment, the difficulty of investigation and evidence collection, and the high cost
of law enforcement, in order to facilitate the counterpart and improve the
effectiveness of maritime law enforcement, the draft appropriately expands the
scope of on-the-spot penalties, stipulates the rapid handling procedures for maritime
administrative cases and special evidence rules. Chapter 5 " Maritime crime
investigation” mainly links with the Criminal Procedure Law, and further clarifies that
maritime police agencies exercise their investigative powers in criminal cases that
occur at sea, and can implement investigative measures and criminal compulsory
measures in accordance with the law, and take technical investigations, wanted and
release guarantees based on actual conditions. Specific provisions have been made
for measures such as pending trial and residential surveillance. Regarding Chapter
VI "Use of Police Equipment and Weapons", the maritime police agency shall
exercise the corresponding law enforcement powers of the public security organ in
accordance with the law. The staff of the maritime police agency shall use police
instruments and weapons in accordance with the use of police by the people’s
police. The provisions of weapons and weapons and other relevant laws and
regulations shall be implemented. At the same time, the draft clarifies regulations on
the use of shipborne and airborne weapons, and the use of hand-held weapons and
police weapons for special maritime situations, combining the characteristics of
maritime rights enforcement and the maritime legislation practices of other countries.
set. (3) About guarantee and cooperation. In order to ensure the effective
performance of the mission and tasks of the coastal police agency, and at the same
time reserve space and interfaces for subsequent reforms, the draft principles
stipulate the funding and facility guarantee mechanism for the maritime police
agency. In order to adapt to the characteristics of maritime rights protection and law
enforcement, the draft clarifies the direction and specific requirements for the
informatization of maritime police agencies and the professional construction of
maritime police teams. In order to further form a joint force for maritime rights
protection and law enforcement, the draft clarifies that the maritime police agency
and relevant administrative departments and relevant military departments are
involved in information sharing, law enforcement and case handling, and personnel
detention.

4th PAGE in original document

Caps
The cooperation mechanism of the door. In order to solve the problem of difficult
storage and disposal of the property involved in maritime law enforcement, the draft
made relevant provisions on the disposal of the property involved in the case based
on the needs of law enforcement practice.

(4) Regarding international cooperation. Maritime rights protection and law

enforcement activities are highly foreign-related. Combating maritime transnational
crimes and advancing maritime international public governance are inseparable from
close cooperation between countries. The draft stipulates the principles, subjects,
tasks and fields of international cooperation in maritime law enforcement, provides a
legal basis for regulating maritime police agencies to carry out international
cooperation work, and demonstrates to the international community that my country
is actively promoting maritime law enforcement cooperation, actively fulfilling
international obligations, and The society should work together to maintain maritime
public safety and order, and establish the image of a responsible power.

(5) Regarding supervision and legal responsibility. In order to strengthen the

supervision of the operation of the maritime police agency’s power and protect the
legitimate rights and interests of the counterparty, combined with the maritime police
agency management system and functional attributes, the draft sets up law
enforcement disclosure, identification, law enforcement process records and other
systems to clarify the maritime police agency and its work Personnel perform their
duties under the supervision of procuratorial organs, military supervision organs, and
social supervision of the people’s government and related departments, citizens,
legal persons and other organizations. At the same time, the internal supervision
mechanism and accountability mechanism of the maritime police agency are
stipulated. Combining the law enforcement practice of maritime police agencies in
recent years, the draft clarifies the types of illegal acts that individuals or
organizations need to bear legal responsibility for obstructing the performance of
their duties by maritime police agency staff, and stipulates the responsibilities of
maritime police agency staff for violations of law and discipline and national
compensation obligations .