Study on the Application of the Principle of Proportionality in the Use of Force in Maritime Law Enforcement

Wenjing Gao

Abstract


With the step-by-step advancement of China’s strategy to become a strong maritime nation, the requirements for high quality and high level of maritime law enforcement activities have become more and more stringent. In maritime law enforcement activities, the use of force is a necessary means to realize the purpose of law enforcement. In maritime law enforcement activities, the use of force is a necessary means to realize the purpose of law enforcement, but the unrestricted use of force not only fails to maintain maritime peace and security, but also triggers conflicts and disputes in the international arena. However, the unrestricted use of force not only fails to maintain maritime peace and security, but also triggers conflicts and disputes in the international arena. This paper analyzes the actual cases of the use of force in maritime law enforcement, and explains the application of the principle of proportionality in the use of force in maritime law enforcement. This paper discusses the current situation of the application of the principle of proportionality in the use of force in maritime law enforcement, and discusses and concludes that the principle of proportionality, as a principle, is unable to provide an effective solution for law enforcement officers when they use force in law enforcement due to the lack of a middle bridge. It discusses and concludes that the principle of proportionality, as a provision of principle, cannot provide accurate guidance for law enforcement officers in the use of force. The article starts from each sub-principle of the principle of proportionality and takes its own logical. The article starts from the sub-principles of the principle of proportionality, takes its own logical structure as the starting point, and summarizes the specific problems of the principle of proportionality when applied to the use of force in maritime law enforcement.


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DOI: https://doi.org/10.22158/elp.v8n1p1

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