Research On The Enforcement System Of Fishery Administrative Law

The sea area in our country is vast with rich fishery resources. In order to promote the fishery economy to develop and sustainingly and stably, China has proposed the fishery administrative policy of"manage fishery legall, and develop fishery legally"as early as in 80's in the 20th century. As a branch of administrative law enforcement, the fishery administrative law enforcement has obtained a lot of recognition and development. But with establishment and consummating continuously of market economy, fishery economy development appeares new status, which correspondingly calls for a higher require and challenge to fishery administration law enforcement. Therefore, this paper tries to make some discussions on the enforcement system of fishery administrative law, in order to provide decision-making reference for improving the fishery management level of our country.This paper is divided into four parts.The first part elaborates the concept, content and function of fishery administrative law enforcement. First is the connotation and the characteristic of fishery administrative law enforcement. It refers to the administrative action that agency and the personnel of fishery administrative law enforcement carries out the fishery and the related laws and regulations, investigates illegal fishery behavior, and maintains the normal fishery production order and the legitimate rights and interests of producers, according to the legal authority and the legal procedure. The fishery administrative law enforcement has characteristics of specific main body, legal content, uniform power and responsibility, and commonweal purpose. Next is the content of fishery administrative law enforcement, mainly including administrative permission, administrative examination and administrative punishment. Finally is the function of fishery administrative law enforcement, which behaves as providing the safeguard for fishery safe and sustainable development, building harmonious fishing district, maintaining the rights and interests of fisherman, sticking up for the sea rights and interests of our country.The second part elaborates the present situation and the question existed. These questions exist in law enforcement activities in each place generally, which must be solved in the reform. First is the fishery legislation question. With the fishery laws of our country consummating unceasingly, our country has promulgated each fishery regulations and regulated document related to fishing politics management, the fishing port supervision, the fishing boat examination, the fishery environmental protection, the protection of wild animals successively. But we find that in practical work, entity is regarded more emphatically than procedure, and law stipulation is too principle without strong practicality and feasibility, moreover about some places comes apart, causing difficulty for the fishery administrative law enforcement officials to operate in the practical work.Next is the system question of fishery administrative law enforcement. The fishery management in our country implements"the unified leadership, the level-to-level administration", which exposes serious questions such as the management level overabundance, the function overlapping, the power and responsibility coming apart as well as many-headed enforcement. These questions include: serious regional protectionism, regarding more on production than management, the nonstandard organization setting, and each doing things in his own way. Afterward is the troop question of fishery administrative law enforcement, such as the low ability of fishery administrative law enforcement personnel, long-term insufficiency of fishery administrative law enforcement funds, the laggard fishery administrative law enforcement equipment become obvious day by day. Finally is the imperfect supervision mechanism of fishery law enforcement. The administrative law enforcement is easy to lose shape and corrupt withnot restriction and supervision. Such as some enforcement officials work only by own experience and behavior custom inevitably, thus appear misjudged law case; Also some enforcement officials violate the law enforcement principle, abuse the unrestricted judgement power, reduce and aggravate punishment willfully, result in damaging the national image of fishery management.The third part uses the experience of fishery administrative law enforcement of developed country for reference. The fishery administrative law enforcement system are different respectively along with various economic situation as well as different fishery resources in each country. Understanding and mastering the fishery administrative law enforcement situations of other countries with developed fishery, is helpful for us to absorb the successful experience in order to establish fishery administrative law enforcement system suited to fishing administration reform and fishing development needs. From law enforcement agency, law enforcement troop, law enforcement tool as well as law enforcement way, this paper separately carries on the summary of fishery administrative law enforcement experiences to the United States, Norway, Japan, South Korea: applying the centralization thought to establish fishery management system; Fishery laws and regulations are announced by national formal law form; adopting multi-department cooperation form; constituting severe penalty stipulation to fishery illegal activity.The fourth part proposed the countermeasure and suggestion for consummating the fishery administrative law enforcement system in our country which is a long-term engineering and need allround effort aiming at the current quenstions of fishery administrative law enforcement system. Firstly, strenghen the legislation construction of fishery administrative law enforcement. On the one hand, legislation lag and the legal blind spot must be settled emphatically. We can divide and adjust the function of all levels of fishery administrative law-enforcing departments reasonablely through legislation, farther make sure the jurisdiction and the law enforcement method of them. On the other hand, the neatening and revision work of the fishery laws and regulations should be accelerated. We must avoid the contradiction and collision from lower position law to upper position law effectively, and avoid the opposition and conflict between peer law, for reducing the unnecessary trouble and burden for the fishery law-enforcing departments, and ensuring the fishery administrative law enforcement to have legal support and have legal basis truly. Secondly, establish the synthetical enforcement system of fishery administrative law. In order to solute the questions exposed already: the law enforcement agency level overabundance, the function overlapping, the power and responsibility coming apart and many-headed enforcement, we should implement the vertical leading and management mechanism, strengthen and unify of administrative law enforcement function prominently, move downwards the barycenter of fishery administrative law enforcement work, make certain the responsibility jurisdiction of each level reasonably. Thirdly, improve the working pattern of fishery administrative law enforcement. Above all, the emphases of fishery administrative law enforcement work must be clear about, transforming the law enforcement emphasis from fishing industry primarily to equal attention of fishing industry and breeding industry paid to. Next, the case handling way of fishery administrative law enforcement should be innovated, such as establishing the joint hearing system of significant fishery case, establishing different places handling system of significant fishery case, establishing cooperation mechanism of case handling of fishery law enforcement. Finally, the performance management of fishery administrative law enforcement should be implemented. Through the indexes comparison of the number of the fishing boats reached and examined, the number of violating fishing boats detained, the number of case handling legally, we can carry on the scientific and effective appraisal of law enforcement effect to the basic units of fishery administrative law enforcement, providing the gist for the comparison and appraisal among each unit and area. Fourthly, perfect the supervision mechanism of fishery administrative law enforcement. The fishery administrative law enforcement influences relative person's rights and obligations directly, whose supervision and controlling are helpful to the running in the legal frame.The supervision of fishery administrative law enforcement is the important safeguard for maintaining the legitimate rights and interests of citizen, legal person and other organization, and also the powerful weapon to promote administrative organ to fulfill the legal responsibility, as well as the effective method to prevent the enforcement error of administrative law enforcement officials. The fishery administrative law enforcement supervision may be divided into internal supervision and exterior supervision. Fifthly, advance fishery law enforcement troop integrating the official management. The fishery administrative law enforcement troop also represents government image equally to industry and commerce, the tax affairs troop of our country. The law enforcement objects includes not only the native fishermen and fishing boats, but also the peripheral national fishermen and fishing boats in the sea and the frontier inland water.Therefore, integrating the fishery administrative law enforcement troop to the National officialls management, can guarantee the standardization, publicity, equity of fishery administrative law enforcement, maintain the national prestige, achieving administrating legally, developing fishery legally and managing fishery legally. Sixthly, improve the fishery administrative law enforcement officials' ability quality. Fishery administrative law enforcement is a work with strong specialization and broad-knowledge needed, which require the law enforcement officials to master not only the international joint pledge, the fishery law, the regulations, but also the knowledge about ship examination and some new craft, new material, new equipment, and so on. Therefore, the fishery administrative law enforcement officials will be requested for good service quality. The occupational ethics of administrating legally, working clean-fingeredly, rigorous attitude, as well as the professional spirit of studying intensively, united cooperation, development innovation and so on, should also be possessed at the same time.