Research On Administrative Enforcement Of Law Issues Of Marine Pollution Prevention In China

The institutional reform of the State Council in 2018 promoted profound changes in the level of understanding,reform intensity,and practical depth of administrative law enforcement work for marine pollution prevention and control.Against the background of the institutional reform of the State Council in 2018,this thesis uses the concept analysis method,the literature induction method,and the comparative research method to analyze the marine pollution prevention administrative law enforcement problem and causes,and proposes some suggestions combined with the theory of holistic government,division and collaboration,conflict theory.The problems with the administrative law enforcement organization system for marine pollution prevention and control are manifested as follows: overlapping conflicts between administrative law enforcement regions and responsibilities,unclear relationship between comprehensive law enforcement agencies and competent authorities,the diversity of local law enforcement teams.These are mainly due to the Lagging of revision and clearance of the administrative law enforcement basis,incomplete comprehensive law enforcement reform and coordination mechanism.It is necessary to improve the revision of relevant laws and the work of legislative reform and abolishment;optimize the supporting plan for comprehensive law enforcement reform in the parallel situation of CCG and MSA,streamlining the relationship between comprehensive law enforcement agencies and competent authorities,based on the analysis framework of compulsion and disorder;improve the coordination mechanism of marine pollution prevention and control,constantly improve the law enforcement cooperation mechanism represented by the law enforcement agreement and joint law enforcement,set up a marine pollution prevention and law enforcement team in the National Oceanic Commission,and set up regional or local marine pollution prevention and law enforcement teams in each province of each sea area.The problem of successive regulatory and criminal law enforcement in the prevention and control of marine pollution is manifested in the low transfer rate of execution.This is mainly due to the lagging and incomplete connection basis,artificial detention in pollution cases,and insufficient breadth and effectiveness of coordination mechanisms.It is necessary to improve the relevant laws and regulations of successive regulatory and criminal law enforcement,formulate special Marine pollution crime standards for the particularity of Marine pollution crimes,and promote the Provisions on the Coordination of Marine Pollution Prevention and Control,establish a holistic governance philosophy,improve the quality of law enforcement personnel,build a coordination mechanism including daily liaison and multi-direction consultation mechanism and information sharing platform,improve the internal supervision mechanism of administrative law enforcement departments,and enrich various forms of external supervision mechanisms,including Procuratorial Organization,Discipline Organization,and the public.