A Study Of The Innovative Reform Of China’s Marine Law Enforcement System

The17th National Congress of the CPC stated that the government should be furtherintegrated so that a multiple functional department system can be established to solve theproblems such as overlapping departments and functions and power decentralization,TheTwelfth Five-Year Plan of China restated that government structure, administrative levels andgovernment functions should be further optimized to carry forward the reform of multiplefunctional department system and speed up the establishment of a service-orientedgovernment under the rule of law, China began to execute the law on the sea from the time ofplanned economy, which had gone through three stages of decentralized management,administration by navy and collective management. The existing marine administrationsystem, which built on the base of the reform of government institutions in1998, is adecentralized management system, constituted by China Marine Surveillance, China FisheriesLaw Enforcement, China MSA, China Coast Guard of Frontier Defence Force and ChinaCustom. Each of these departments performs its own functions and takes its ownresponsibilities, which leads to overlapping management and government chaos on the sea. Asthese departments have their own responsibilities and jurisdictions, they are in a state ofpassiveness, inability and helplessness when governing the sea that it is difficult to dealjustice and to make joint efforts. With the development of marine economy, China’s marineadministration system has no longer met the needs of protecting maritime rights and interests,safeguarding marine security and developing maritime resources and economy, and thedepartments has become unable to enforce the law comprehensively. As a result, reformingthe management system and reorganizing the departments are urgently needed for marineadministration.Based on the innovative theory of marine law enforcement system reform, the authorfirst of all introduces the ideas of administrative system reform, comprehensive marinemanagement and marine administration, ect.. Second, the article elaborates foreign typicalmarine administration modes, summarizes their characteristics and puts forward theirenlightenment on China. Third, it analyzes the main problems of the present marineadministration system and the causes for them. Fourth, proceeding from the trend of China’sgovernment administration innovation and administration system reform, the article expoundsthe disadvantages of the marine administration system and discusses the necessity andfeasibility of the reform by adopting the theories of public administration, administrationsystem reform and marine administration. Thus the author devises several solutions for theproblems, that is, establishing comprehensive marine management system, unifying theexisting marine administration departments, constituting China Coast Guard and improvingmarine law system. In this way, a new marine administration system, which is in conformitywith our national conditions, can be gradually improved to protect our marine rights andinterests more effectively.