A Study On The Risk And Prevention Of Administrative Punishment Of Shanghai Maritime Safety Administration

With the rapid economic development,China’s shipping industry is booming.As the competent department of maritime traffic,the types and quantities of business in charge of maritime traffic are increasing.Since the implementation of the new Maritime Traffic Safety Law on September 1,2021,the penalty amount is larger,the punishment object is more complete,and the punishment means are more severe.The construction of maritime traffic legal system has attracted more and more attention from the country and the people.The social supervision power is growing day by day,and the people’s legal consciousness is also improving.However,the number of maritime violations has been increasing in recent years.The external environment is complex and changeable,policies are changing rapidly,the contradiction between maritime administrative subject and administrative counterpart is increasingly prominent,the value of maritime administrative punishment cannot be realized,and administrative subject will also face various law enforcement risks.It is particularly important to standardize the exercise of maritime administrative punishment power and prevent the risk of maritime administrative punishment.In this paper,based on the reality of Shanghai maritime bureau,administrative punishment,by using the method of literature research,in-depth interview,questionnaire survey and system analysis,the Shanghai maritime bureau of maritime administrative punishment according to the risk and protection present situation to carry on the analysis and summary,summarized from two aspects of inside and outside a form of risk Shanghai maritime bureau,administrative punishment,It also analyzes that the formation of maritime administrative penalty risk is caused by the risk prevention mechanism is not perfect,the legal system is not perfect,the management supporting measures are not perfect,the law enforcement team is not high quality,the external environment is not good.For these reasons,this paper proposes five precautionary recommendations: perfecting the prevention mechanism of maritime administrative punishment risk,strengthening the construction of maritime law system,perfecting the supporting measures of maritime administrative punishment,strengthening the construction of maritime team,and optimizing the outer environment.This paper hopes to guide the maritime administrative subject to standardize law enforcement,effectively avoid the risk of administrative punishment,improve the efficiency of administrative management,improve the level of law enforcement,enhance the credibility of the maritime sector,establish a good image of the maritime sector,serve the maritime administrative counterpart well,protect the legitimate rights and interests of the counterpart,and maintain the public interest.