Elaborate Fishery Administrative Law Enforcement

Fishery administration law enforcement is the concrete embodiment that our country administration law enforcement in the fishery realm. The fishery administration law enforcement develop an important function in managing fishery by law, guarantee people life property safety, and supporting legal rights of fisherman. As a result, research on the fishery administrative law enforcement has an important theoretical and practical significance to the accelerated establishment of a law enforcement system with clear responsibilities and rights, canonical functioning, effective supervision and powerful guarantee.This paper uses relevant theory of administration laws to analyze the concept and characteristic of the fishery administration law enforcement. By the method of the empirical research, the paper points out the problem exists in fishery administration law enforcement, such as main body, law behavior, relief path, and supervision of law enforcement etc, explain the cause of imperfect fishery legislation, unformed legal system environment, special law enforcement object, and low personnel competence. The paper puts forward four viewpoints to consummate fishery administration law enforcement: perfect the legislation construction of fishery administration law enforcement, norm fishery administration law enforcement behavior, set up the supervision mechanism of fishery administration law enforcement, strengthen a fishery administration benefit mechanism. The first part elaborates the content of the fishery administration law enforcement. This paper adopts the narrow sense of the administration law enforcement, means that for the purpose of carrying out the national administration management, the fishery administration organization and officials carry out fishery laws, adopt concrete administration behavior to influence its right obligation of administration counterpart directly by law, or inspect the exercising of administration counterpart's rights and fulfill their obligation. The fishery administration law enforcement have the special characteristic that distinct the general administration law enforcement, The contents of the fishery administration law enforcement includes fishery administration admitting, fishery administration punishment and fishery administration benefit. The characteristic of the fishery administration law enforcement is mainly in that law corpus particular, law basis legal, law purpose having public welfare, law contents profession, law object special.The second part analyzes the status quo of the law-enforcement of fishery administrative and the causes. The difficulties of the fishery administrative law enforcement distributed performance the conflict between the organ of the fishery administrative law enforcement and the adjacent administrative organs and the conflict between the various departments in the internal organ of the fishery administrative law enforcement. The non-standard actions of fishery administrative law enforcement divide into non-standard enforcement body, non-standard enforcement contents and non-standard enforcement procedures. The imperfect relief way of fishery administrative law enforcement is distributed into the morbidity and the lack of independence of the administrative review system. The imperfect supervising mechanism of the fishery administrative law enforcement is discussed in two aspects: exterior supervision and interior supervision. This part profound analyzes the reason of exited problem of the fishery administrative law enforcement in four aspects: the fishery administrative law enforcement legislation has been not complete; the legal environment has not formed; the law enforcement object is special; the law enforcement officials law quality is not high The third part proposes the strategy of consummating the fishery administrative law enforcement. In this paper, the author proposes 4 conceptions in the fishery administrative law enforcement: Consummating the legislative construction; standarding the law enforcement behavior; constructing the law enforcement supervising mechanism; Strengthening the pays mechanism. Consummation the legislative construction is discussed in three aspects: clearing the legislative authority of various departments, making the legislative plan formulation in advance and cleaning up the laws and regulations regularly. Standarding the law enforcement behavior is discussed in three aspects: standarding the law enforcement main body, the law enforcement content and the law enforcement procedure. Constructing the law enforcement supervising mechanism is discussed in two aspects: exterior supervision and interior supervision. Strengthening the pays mechanism is discussed in three aspects: the concept of law enforcement object minority groups, the causes of minority groups and prefecting the pays system of the fishery administrative law enforcement.