Research On Reform Of Maritime Criminal Justice System

With the in-depth development of my country’s marine economy,marine fisheries and maritime trade continue to develop and grow,maritime transportation is becoming more frequent,and my country’s maritime crimes are also increasing.In contrast,in the face of the ever-increasing maritime economy and maritime crimes,the weakness of my country’s maritime criminal justice power has been highlighted: maritime criminal law enforcement power does not match the development of maritime economic law,and the existing legal system construction lags behind the maritime economy The speed of development;the scale of the local procuratorial system and the professional reserves of personnel are insufficient to handle the increasing number of complicated maritime criminal cases.In 2017,the Ningbo Maritime Court began to trial criminal cases by national maritime courts for the first time,which foreshadows the tendency of maritime criminal justice to be unified to maritime courts.Correspondingly,it is urgent to establish a maritime procuratorial agency specializing in the prosecution of maritime criminal cases.Undoubtedly,the reorganization of the China Maritime Police and the maritime court criminal trials have made significant achievements,but issues such as how to promote it nationwide and how to deploy maritime prosecution agencies are still pending.This article proposes to establish a maritime criminal trial system with a two-instance final instance system,and to establish a corresponding maritime prosecution agency with the maritime court.China Coast Guard,Maritime Public Prosecution Agency,and Maritime Criminal Trial Agency are the basic elements of building a maritime criminal justice system.The cohesion mechanism and mutual cooperation between these agencies in criminal litigation are the institutional guarantees for the smooth progress of litigation.The unavoidable practical problem of overall planning and building a maritime power.The main research content of the maritime criminal justice system construction is divided into four parts.The first part is about the legal roots of maritime criminal justice system construction.In terms of clarifying the construction of the legal system of maritime criminal justice system,this article believes that punishing maritime crimes must play a fundamental role in legal basis.The second part mainly analyzes the current status of my country’s maritime criminal justice system,and puts forward the existing problems from the judicial status of the maritime police,maritime prosecutors,and maritime courts.The third part focuses on building the cooperation mechanism of the international maritime criminal justice system.Mainly focusing on the criminal justice cooperation between my country and other countries along the Maritime Silk Road,studying and exploring how to better improve the system in the new era and new situation,carry out cross-regional and cross-country international cooperation,and better combat maritime illegal and criminal activities,To maintain the peace of the sea.The fourth part discusses the reform of the maritime criminal justice system.First,we must establish a new type of maritime law enforcement agency with Chinese characteristics,and form a stable and smooth maritime law enforcement coordination mechanism.Of course,with the implementation of the reorganization and reform of the China Coast Guard,this problem has been basically resolved;secondly,special maritime prosecution departments have been set up in the people’s procuratorates at all levels in coastal areas,so that the role of the maritime prosecutors can be effectively brought into play and coordinated with the various maritime police bureaus.,Maritime courts have formed a complete system of docking maritime,procuratorate,and law;finally,reform and improve the maritime case trial level system,and train qualified maritime criminal trial judges.Establish and improve an independent specialized court system and a professional trial system,change the situation where fines were used in place of penalties in the past,and maintain the authority and unity of my country’s maritime justice.