The Study On Marine Surveillance And Law Enforcement System Of China

In China,marine surveillance and law enforcement is a part of the marine law enforcement.It plays an important role in punishing marine environmental law violations and protecting marine environment.The rationality of the marine surveillance and law enforcement system immediately concerns the efficiency and effect of law enforcement.The thesis is undertaken to discuss the defect of the system and the reform proposals,which is in order to bring the marine surveillance and law enforcement system to a highly developed.The thesis is divided into four chapters.Chapter 1 is the introduction of the theories and fulfillment condition of the marine surveillance and law enforcement system.It carries on an analysis to concept etc.of the marine surveillance and law enforcement system.In this part,it submitted the sum of the development and current situation of the marine surveillance and law enforcement system,and then writes comment to make a comment on the current situation of the system.Chapter 2 is about the theoretical analysis of the marine surveillance and law enforcement system.This part focuses on the subject of administration qualification of the CMS and CMS works as entrusted law enforcement or delegated law enforcement.Analysis of the basic theory of subject of administration qualification from theory of law,then prove that the CMS is not a subject of administration.Analysis of the basic theory of the entrusted law enforcement and the entrusted law enforcement,and then prove that the CMS works as entrusted law enforcement.Chapter 3 is about the practical analysis of the marine surveillance and law enforcement system.It carries out the research on the practical analysis from legislation,judicial and enforcement practice.Analysis of the first case of administrative proceedings of the State Oceanic Administration People's Republic of China by the judicial practice revealed that the CMS works by entrusted law enforcement and doesn't own the subject of administration qualification.The situation brings much trouble in the practice.Analysis of the system of other marine law enforcement contingents and the enforcement practice of the CMS revealed that the CMS can draw on others' system. Chapter 4 is about how to reform the marine surveillance and law enforcement system. First of all,uphold the reform principles,and then advance suggestions in legal and administrative field.At last,I sincerely desire to I can do my share for the reform of the marine surveillance and law enforcement system.