중국 해상민병의 법적 지위 검토

China actively utilizes maritime militia as a means to implement its grey area strategy, and its effects have already been observed through the increased dominance in the South China Sea. Currently, the maritime militia is being employed in the disputed waters of the East China Sea, particularly around the Diaoyu/Senkaku Islands, where tensions between Japan and China persist. There is also a possibility of deployment of the maritime militia in the northern regions of the East China Sea, as well as in the Yellow Sea. Maritime militia, as an official military organization under the Central Military Commission of China in accordance with its organizational structure, supports and assists the regular forces and the government. However, during war time, if such maritime militia engages in combat operations and supports its navy, it will not be protected as civilians. Of course, it can be practically challenging to identify specific vessels among fishing boats that have been involved in maritime militia activities. On the other hand, during peacetime, the activities of the maritime militia that fall within the authority of the state are considered state acts. If these actions violate international law, the affected country can hold China accountable for state responsibility. In this case, however, individual members of the maritime militia are exempt from personal responsibility. Therefore, considering the actions of the maritime militia as state acts during peacetime and actively responding to them can be advantageous for the relevant country.