Research On The Legal Issues Of Administrative Punishment Of Illegal Fishery Vessels

In recent years,China's multi-sectoral cooperation has jointly banned the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.Although the results have been achieved,the Deputy Ministry of Agriculture and Rural Affairs stated in a press conference on March 21,2019 that the current period of China's banning activities has reached in a difficult time.It will confront the re-emergence of the original illegal ship and the change of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry,which involved in the illegal types of illegal activities,and the large number of ships,so the country's banning work still needs to be put into mass work hard.Administrative punishment is the most direct and effective means for a competent authority to ban the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.However,in the process of eliminating the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry,there are problems in the main body,punishment measures and punishment implementation,resulting in punishment means could not be carried,which raises the difficulty of enforcement for the subject of jurisdiction,and this is not conducive to the smooth implementation of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry activities in China.Therefore,in the current period,China urgently needs to solve the problems in the administrative punishment of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.This paper takes the concept of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry as the entry point,and finds out the administrative punishment methods of the the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry by analysing the administrative punishment targets of the the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.To sort out the current legislative status and implementation status of the the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry,combining theory with practice,finding out the problems exists in the administrative punishment of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry,analyzing the causes and propose solutions.It is the significance of this paper to try to resolve the existing problems of the administrative punishment of the the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.The first part defines the concept of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.Through the concept to find out the object of administrative punishment of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry,and the corresponding punishment measures are found for the punishment targets.The second part is based on the content of the first part,finding out the status quo and practice status of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry,through the two parts of legislation and practice,understanding the specific situation of eliminating the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.The third part starts from the three aspects of subject,punishment measures and punishment implementation according to the situation in the second part about the law and practice,finding out the administrative subject has overlapping powers,the punishment measures are not comprehensive,the penalties are inconsistent and the punishment implementation is difficult to implement.In this section,we also analyze the existing problems of administrative punishment from both subjective and objective aspects.According to the problems explored in the third part,the fourth part starts from the three aspects of subject,punishment measures and punishment implementation,and proposes corresponding solutions.We expect to be able to improve the administrative punishment of the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.To help China's banned work and accelerate the process of China's banning on the illegal fishery vessels without ship name and number,fishery ship certificate,and port of registry.