[Global Times Global Network reporter Guo Yuandan] On the 18th, the Philippine media interpreted the introduction of China's "Provisions on Administrative Law Enforcement Procedures of Maritime Police Agencies" (hereinafter referred to as the "Provisions on Procedures") and the so-called "local fishermen" launching "rushing into Huangyan Island" in the waters around China's Huangyan Island. In this regard, Chinese experts on the South China Sea issue refuted, saying that the Philippine media deliberately hyped, deliberately distorted or even maliciously discredited this, which had ulterior motives and "guilty conscience". The Procedural Provisions were issued to maintain the order of normal economic activities at sea. Both Chinese fishermen and fishermen from other countries are treated equally before laws and regulations.
The Philippine Star News reported on the 18th that the China Maritime Police Bureau had formulated and issued the "Procedure Regulations". Previously, the Philippine "non-governmental organizations", "This is our", convened a group of so-called "local fishermen" to go to the waters around China's Huangyan Island for a three-day "invasion of Huangyan Island".
The Procedure Provisions consists of 16 chapters and 281 articles. It includes general principles, jurisdiction, avoidance, period and delivery, on-site supervision and inspection, filing, investigation and evidence collection, hearing procedures, administrative processing decisions, etc., covering all areas and links of maritime administrative law enforcement, and is the basic standard for the maritime police agencies to carry out administrative law enforcement. Philippine media reports ignore the provisions that "administrative law enforcement should be based on facts and laws", "administrative law enforcement should follow the principles of legality, fairness, openness and timeliness, respect and protect human rights, and protect the human dignity of citizens", but focus on the relevant provisions that foreigners suspected of violating exit and entry management can be detained for review, For example, "foreigners suspected of violating the exit and entry control may be detained for examination with the approval of the head of the maritime police agency if they cannot be excluded from suspicion after on-site interrogation or further interrogation in any of the following circumstances and need to be further investigated: (1) those suspected of illegal exit and entry; (2) those suspected of assisting others in illegal exit and entry; (3) Suspected of illegal residence or illegal employment; （4） He is suspected of endangering national security and interests, disrupting public order or engaging in other illegal and criminal activities. "
The report also said that in response to China's new regulations, Brigadier General Jay Tarriela of the Philippine Coast Guard said: "No one can prevent Filipinos, especially fishermen, from venturing into the West Philippine Sea (China called the South China Sea)."
Dr. Ding Duo, Deputy Director of the Institute of Marine Law and Policy of the South China Sea Research Institute, said in an interview with the Global Times on the 18th that after the release of the "Procedure Regulations", some Philippine media linked it with the recent Philippine riot fleet invading the waters of China's Huangyan Island, making irresponsible speculation and distortion, and challenging the domestic confrontation of the Philippines. "The Philippines deliberately hypes, deliberately distorts or even maliciously discredits, which is another intention and has ulterior motives. It reflects the Philippines' psychological state of constant provocation and 'guilty conscience'. The purpose is to mislead international public opinion, divert people's attention, and play up the 'China threat theory'."
"The Procedural Regulations have clearly defined the procedures required by China's maritime police agencies to enforce the law at sea in accordance with relevant laws, not for Huangyan Island and Ren'ai Reef, which are" hot "waters by the US and the Philippines, nor for specific actions; It is for the purpose of managing and standardizing the procedure specification of maritime police's maritime law enforcement operations, refining and standardizing the procedure of maritime police's maritime law enforcement, and better managing the order of maritime production and living operations. This is also an international practice, and the Philippines takes it for granted. " Chen Xiangsecond, director of the World Naval Research Center of the South China Sea Research Institute, told the Global Times on the 18th.
According to Ding Duo, China promulgated the Maritime Police Law in 2021, and the China Maritime Police Bureau issued two procedural rules for handling criminal cases in 2023. Recently, the "Procedural Provisions" was issued, which is a vivid manifestation of China's strategy of promoting comprehensive rule of law in specific areas, and also an inevitable requirement to improve the comprehensive level of domestic marine governance. "Procedural Provisions" It is a basic procedural norm formulated by the Chinese maritime police according to the needs of system construction and duty performance, according to the established legislative goals, and in the context of scientific and reasonable grasp of the legislative rhythm. The outside world should not over interpret this. " Ding Duo said that the legal system, with the maritime police law as the core and the procedural rules as the backbone, which aims to standardize and ensure the maritime police institutions to perform their duties according to law, is constantly being enriched and improved, "The regulations issued this time provide clear and operable procedural norms for the maritime police agencies to carry out administrative law enforcement. The administrative law enforcement and the whole case handling process of the maritime police will be more authoritative, more standardized and more professional."
Chen Xiangmiao believed that the Marine Police Law issued in 2021 clearly defined the function orientation, authority measures and safeguard supervision of the marine police institutions, so as to ensure that there are laws to abide by for the protection and enforcement of the rights of the marine police and foreign cooperation. However, the Maritime Police Law does not involve specific enforcement rules. Therefore, in March this year, the China Maritime Police Bureau revised and issued the Catalogue of Guidance for Maritime Administrative Enforcement Matters of Maritime Police Organizations (2024 Edition) (hereinafter referred to as the Catalogue of Guidance). The Guidance Catalogue sorted out 518 maritime administrative law enforcement matters of the maritime police agencies, mainly defining the categories, types of functions and powers, names of matters, implementation basis and other contents of maritime administrative law enforcement. This is to further clarify the laws under which the maritime police will deal with relevant cases when they are at sea.
"If the Guiding Catalogue is based on what kind of law the specific case is based on, the latest Procedural Provisions specify how the marine police enforce the law." Chen Xiangmiao said, for example, one of the provisions is the principle of avoidance, which indicates that if the person involved is a relative of the case handler, the case handler needs to avoid.
Chinese Foreign Ministry spokesman Wang Wenbin said on the 15th that Huangyan Island is an inherent territory of China, and China has indisputable sovereignty over Huangyan Island and its surrounding waters. In 2016, China made good faith arrangements for the normal fishing activities of a small number of Philippine small fishing vessels in the waters near Huangyan Island, and managed and supervised the activities of Philippine fishermen according to law.
"Huangyan Island is our inherent territory. No matter whether the Procedural Provisions have been issued or not, as long as China's territorial sovereignty and jurisdiction are violated, China will take necessary measures in accordance with the law. Our Ministry of Foreign Affairs has repeatedly stated that China, based on the principle of good faith and the need to safeguard the overall situation of bilateral relations, allows Filipino fishermen to fish in the waters near Huangyan Island." Chen Xiangmiao said, But the premise is that Philippine fishermen should abide by relevant laws and regulations of China and relevant international laws, respect China's territorial sovereignty in Huangyan Island, and only on this basis can they enjoy such rights.
Chen Xiangmian stressed that the starting point of both the Guiding Catalogue and the Procedure Provisions is to maintain the order of normal activities at sea. Both Chinese fishermen and fishermen from other countries are treated equally before laws and regulations, "Generally speaking, in the sea area under my jurisdiction, if any fisherman violates the relevant laws, the Chinese Coast Guard can take corresponding measures to deal with it after field investigation and obtaining conclusive evidence. For example, if fishermen use illegal fishing activities such as fish blasting in the waters under our jurisdiction, which violates the Marine Environmental Protection Law and the Fisheries Law, the marine police can impose administrative penalties on fishermen according to law. In some cases, the maritime police institutions not only carry out on-site punishment at sea, but also submit them to judicial procedures. "
Ding Duo said that, for the Philippines' various practices of confusing the public and the public in the narrative and cognitive aspects of the South China Sea in recent years, people of insight in regional countries and the international community can see clearly and clearly, and will not be misled by the Philippines' distorted interpretation and malicious hype.
Editor in charge: Liu Guangbo
