A Research On The Administrative Punishment In The Fishery Law Enforcement Of Our Country

It is not until the promulgation and implementation of"The Fishery Law of the People's Republic of China"in 1986, that the fishery management of our country began to step on a path of legalization where administrative punishment plays an essential role. The performance of the fishery administrative punishment directly affects the management order of the fishery law enforcement body, and the interests of the rank and file citizens, legal persons and of other organizations. It concerns the concordant development between human and nature, bearing significance in the establishment of a harmonious society of our country.This study consists of three parts:The first part of the study gives an overview over the relating theories, the connotation, the characteristics, the legal basis, the law enforcement body and the like of the fishery administrative punishment of our country, illustrating the implications from normalizing the fishery administrative punishment.The second part of the study gives an introduction to the performance situation of the fishery administrative punishment of our country, where stress of the introduction is laid on the summary and comment on the existing problems, and where preliminary research and analysis over the causes of the issues are made. The author suggests that the existing problems can be generalized as: imperfection of legal basis and design of the fishery administrative punishment; law enforcement squad unfitting with the requirement of law enforcement; insufficient punishment and etc. Among these problems, underdevelopment of the system is the linchpin, and the other problems are inextricably related with the underdevelopment of the system. Therefore, to advance the systematic reform in the fishery administrative law enforcement ought to be the critical approach to tackle the aforementioned existing problems.The third part of the study renders the proposals to solve these existing problems in the fishery administrative punishment of our country through the following approaches: Completion of Administrative Punishment System, Reform of Administrative Law Enforcement System; Optimization of Law Enforcement Personnel Structure; Establishment and Complete Supervisory Mechanism.