The Theoretical Analysis And Countermeasure Research On Current Oceanic Law-executing System Of China

The 21 century is the century of ocean! In accompany with that the UN Ocean Convention was taken effect; all countries around the world are in a progress of building their consummate oceanic integrative management systems. Therefore, a unified oceanic law-executing force becomes an important assurance for effective oceanic management. While developed countries, in general have constituted their paramilitary oceanic law-executing force so-entitled "Coast Guards", scattered in various oceanic law-executing sectionslike Oceanic Administration, Customs, Maritime Affairs, Oceanic Police and Fishing Administration, the oceanic management system in our country is a traditionally split one which apparently misfits with the integrative trend of world's oceanic management development. It dissatisfies the need to safeguard the nation's oceanic security and rights, depresses the exercise of oceanic integrative law-executing, and discourages the services to our people and our efforts to modernize the oceanic management system.Elaborating on main deficiencies of our country's oceanic law-executing system, basis, possibilities, conceiving and constructions to unify our country's oceanic law-executing force; collaborating with practice of our country's administrative reform, applying with the theories from Public Management ,Administrative organization and Administrative Law, this thesis attempts to give a detailed analysis and discussion on all respects regarding oceanic law-executing unification initiative. The building of a unified oceanic law-executing force is a must choice for China to build a lawful society. Through the separation between administrative management rights and administrative law-executing rights, our goal should be centralize our nation's oceanic law-executing body and unify its system, gradually. This thesis, through comparison between all oceanic law-executing sections mentioned above, proposes to constitute a unified oceanic law-executing force based on the currently operating Oceanic Policy, which we believe fits most feasibly for our nation's needs to implement its Ocean Strategy, as well as the needs to adapt to the practicality of our current oceanic law-executing system , and still a relatively sound way to realize separation between administrative management rights and administrative law-executing rights.