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On January 22, 2011, the Standing Committee of the National People's Congress has passed the coast guard law which practices on 1st February 2021. The aim of the coast guard law is to provide a legal foundation and increasing the efficiency for the China Coast Guard, particularly in the following aspects: safeguarding national sovereignty, security and maritime rights and interests.[1] The coast guard law of the People’s Republic of China, it has 11 chapters and 84 articles, providing the provisions on the Chinese People's Armed Police Force such as the organizational structure, responsibilities, guarantees and collaborations, international cooperation and supervision, and legal responsibilities.[1] Under the new regulation, it has clarified the right and enforcement of the duty of the China Coast Guard.

Organizational structure and Responsibilities

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Although the Coast Guard has been reformed in 2019, it does not have a clear regulation until the Coast Guard law. Comparing with the previous National People's Congress decision in 2018[2], the new Coast Guard law has extended Coast Guard’s duty progressively.

Responsibilities

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According to the Coast Guard, the China Coast Guard is authorized to carry out these duties:[3]

  1. Patrolling in the jurisdictional waters, protecting maritime boundaries and national security
  2. Protect the key islands and reefs, as well as artificial islands, facilities and structures in the exclusive economic zone and continental shelf are the priority goal of Coast Guard
  3. Reinforcing maritime security, such as preventing the maritime terrorist actives
  4. Anti-smuggling and other illegal acts in the jurisdictional waters
  5. Protecting the marine mineral resources and supervising the marine scientific research and development
  6. Protecting the coastal environment and fighting against the pollution actions
  7. Supervising and inspecting the fishery production process
  8. Prevent, stop and investigate maritime criminal activities
  9. Handling maritime emergencies based on the relevant division of responsibilities
  10. Within the jurisdiction of the maritime area, the Coast Guard undertakes corresponding law enforcement in accordance with laws and international treaties

Guideline of Police equipment and weapons usage

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The Coast Guard law also clarifies the China Coast Guard is able to use the police equipment in the following situation:[4]

  1. Boarding or intercepting the target boats or ships
  2. Driving away or towing away the target boats or ships
  3. Under being hindered in carrying out the duty
  4. Repressing the illegal act on the scene.

In addition, under two situations, if the target overlooks the warning from the China Coast Guard, the Coast Guard law provides the legal support for the China Coast Guard to use the armed weapons to restrain the target. [5]

  1. It has evidence to prove that the ship is related to certain crimes and refuses to obey the China Coast Guard orders
  2. Foreign ships entering China’s maritime jurisdiction conduct illegal activities and refuse the China Coast Guard’s orders

Other nations' respond

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Nowadays, the People’s Republic of China still maintains territory disputes with the other nearby countries. China has claimed that China Coast Guard can exercise the new Coast Guard law within Nine-dsah line and other disputed territories. Meanwhile, it overlaps with other states' exclusive economic zones (EEZ), including Vietnam, Taiwan, Malaysia, Indonesia, Brunei, the Philippines, and Japan. Since exercising the China Coast Guard law, the government of the Philippines and Japan has already expressed their concern on that law toward the China government.[6][7]

  1. ^ a b "中华人民共和国海警法 - 维基文库,自由的图书馆". zh.wikisource.org. Retrieved 2021-02-14.
  2. ^ "全国人民代表大会常务委员会关于中国海警局行使海上维权执法职权的决定 - 维基文库,自由的图书馆". zh.wikisource.org. Retrieved 2021-02-14.
  3. ^ China Coast Guard Law, Article 12-15.
  4. ^ China Coast Guard Law, Article 46
  5. ^ China Coast Guard Law, Article 47
  6. ^ "Why stormy reactions to China's new coastguard law are overblown". South China Morning Post. 2021-02-11. Retrieved 2021-02-14.
  7. ^ Press, Associated. "Philippines Protests China's New Coast Guard Law as 'Verbal Threat of War'". thediplomat.com. Retrieved 2021-02-14.