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The new regulations from the Ministry of Public Security curb the chaos of offshore law enforcement and clarify the jurisdictional principles for inter-provincial cases.
The Chaos of Maritime Law Enforcement is Expected to End: Interpretation of the New Regulations by the Ministry of Public Security
In recent years, the voices opposing "deep-sea fishing" and "profit-driven law enforcement" have been rising. This phenomenon is due to various reasons, including some regions seeking cases that can create economic benefits due to financial pressures, as well as the overly broad provisions of our country's criminal jurisdiction, which provide a legal basis for "deep-sea fishing."
To curb this phenomenon, the judicial system has implemented several measures, such as the "Procuratorial Protection of Enterprises" special action and the "Special Supervision on Illegal Extraterritorial Law Enforcement and Profit-driven Law Enforcement". However, the most powerful measure is the new regulations introduced by the Ministry of Public Security in March 2025, aimed at curbing distant water fishing from the source and preventing local public security agencies from abusing jurisdiction to engage in profit-driven law enforcement.
The new regulations clarify the jurisdictional principles for cross-province criminal cases, primarily based on the location of the main crime, with the location of the enterprise as a secondary consideration. This differs from the current regulations on criminal case jurisdiction. The current regulations allow the public security organs of the place where the crime occurred or the residence of the suspect to have jurisdiction, where the crime location includes the place where the criminal act occurred and the place where the criminal result occurred. For cyber crimes, the jurisdiction is even broader, involving multiple relevant locations.
This broad jurisdiction regulation has led to multiple issues, such as different regional authorities competing for economically beneficial cases, defense lawyers finding it difficult to mount effective defenses from a jurisdictional perspective, and the potential for unjust law enforcement and wrongful convictions. Additionally, for novel cases or those requiring highly specialized knowledge, law enforcement agencies in small, remote cities may lack the necessary expertise and technical means.
The new regulations also state that for reported cases, if it is found that they should be under the jurisdiction of another province, they should be transferred to the public security organ at the location of the enterprise. This helps to prevent improper cross-provincial law enforcement actions.
In the face of "ocean fishing", enterprises can take the following relief measures:
According to reports, since the introduction of the new regulations, local public security systems are actively organizing study and implementation, and many public security agencies are also carrying out related special investigation actions. This measure is expected to be truly implemented, bringing new hope to victims and allowing every ordinary person to feel the progress of the rule of law and the continuous strengthening of personal rights.