Study On Administrative Enforcement Measures For Maritime Rights Protection And Law Enforcement In China

In recent years,the law enforcement situation of maritime rights protection in China has become increasingly severe.On July 1,2018,the coast guard was assigned to the armed police force as a whole to perform unified duties of safeguarding maritime rights and enforcing laws in the name of the China Coast Guard.As for the newly established maritime comprehensive law enforcement team,it faces a series of difficulties and challenges while welcoming unprecedented development opportunities.As the most active,most direct and most frequently applied public power in the whole maritime law enforcement power system,maritime administrative law enforcement power is the receiver for the gathering and dispersion of the people and the focal point for the gathering of the people.The application of "administrative enforcement measures" for maritime rights protection and law enforcement is directly related to the effect of maritime rights protection and control and the vital interests of fishermen.However,the legislation of administrative enforcement measures for maritime rights protection and law enforcement is lagging behind,the function definition is vague,the implementation procedure is missing,and the relief system is imperfect,which makes the administrative enforcement measures for maritime rights protection and law enforcement cannot play its due role,which is not conducive to the smooth development of maritime rights protection and law enforcement.This article starts from the theoretical definition of administrative enforcement measures of maritime rights protection and law enforcement,carries on more comprehensive combing to the question of the problems existing in the application of administrative enforcement measures for maritime rights protection and law enforcement from the theory of the substantive law and procedural law aspects,analyze the causes,as well as to find effective solutions.Finally,combining with the actual law enforcement experience,puts forward some suggestions on the legislative model of administrative enforcement measures for maritime law enforcement.The article is divided into five parts.The first part clarifies the theoretical definition of administrative enforcement measures for maritime rights protection and law enforcement from three aspects: the implementing subject,the substantive law representation and the procedural law representation.The second part analyzes the problems and causes of the application of the substantive law of administrative enforcement measures for maritime rights protection and law enforcement,and systematically expoundsthe theoretical and practical disputes on the subject function,restriction of personal freedom,restriction of property right and other administrative enforcement measures for maritime rights protection and law enforcement.The third part studies the forms of the dilemma of the procedural law of administrative enforcement measures for maritime rights protection and law enforcement.The fourth part combines the substantive law dilemma and the procedural law dilemma,targeted measures to solve the corresponding improvement path suggestions from the substantive law and the procedural law aspects,expecting that the legislation and application of administrative enforcement measures for maritime rights protection and law enforcement can be improved.The fifth part combined with the actual work of law enforcement,from the substantive law and the procedural law aspects,to study and introduce the model clauses of administrative enforcement measures for maritime rights protection and law enforcement.