On The Spot Punishment Of Coast Guard Law

With the implementation of our country’s strategy of ruling the country by law and maritime power strategy,the maritime police force grows and has both military and administrative functions.When the maritime police exercise their administrative power at sea,they can apply on-the-spot punishment to minor illegal cases with simple and clear facts and conclusive evidence,which is not only conducive to timely handling of maritime administrative disputes,it can also overcome the difficulties of high mobility of the maritime law enforcement environment,improve the administrative efficiency of the maritime police and,from another point of view,also facilitate the administrative counterpart.The legal system of administrative punishment in our country is relatively perfect,but the normative content of laws and regulations is mainly aimed at land-based administrative law enforcement.Compared with the land administrative law enforcement,the marine administrative law enforcement environment is more difficult,the cost of law enforcement is higher,and the risk of law enforcement is greater.For the cases of applying on-the-spot punishment procedure,if the Maritime Police’s administrative law enforcement is completely based on the land-based administrative law enforcement laws and regulations,it is not only easy to infringe on the legitimate rights and interests of the maritime parties,but also bring inconvenience to the Maritime Police’s law enforcement.Therefore,it is necessary to deepen the theoretical research on the spot punishment in the practical application of the Coast Guard Law of the People’s Republic of China(hereinafter referred to as the Coast Guard Law)in order to standardize the process of maritime law enforcement and improve the efficiency of maritime law enforcement.This article compares the on-the-spot punishment of the Coast Guard Law with that of the Law of The People’s Republic of China on Administrative Penalty(hereinafter referred to as the Law on Administrative Penalty),and clarifies the particularity of the former in the application conditions and procedural requirements,secondly,it studies the current situation of legislation and enforcement of the procedure,further explores the problems and causes of the spot punishment in the maritime police law,and finally,by drawing lessons from the legislative experience of the extraterritorial spot punishment,this article puts forward some suggestions on the spot punishment in the Coast Guard Law,so as to provide a theoretical reference for the maritime police administrative law enforcement.In addition to the introduction and conclusion,this article is divided into five parts.The first part expounds the general principle of on-the-spot punishment in the Coast Guard Law.First,it introduces the general provisions of on-the-spot punishment in the Law on Administrative Penalty on the applicable conditions and procedural requirements,this article emphasizes the special provisions of the applicable conditions and procedural requirements of the spot punishment in the Coast Guard Law,and introduces the justice and efficiency value of the spot punishment in the Coast Guard Law.The second part combs the legal basis and relevant laws of our marine police applying on-the-spot punishment,summarizes the legislation and enforcement status of the spot punishment in the Coast Guard Law.In the third part,the author expounds that there are some problems in the spot punishment of the Coast Guard Law,such as the ship is still disputed as the object of the spot punishment,the standard of the discretion is not detailed enough,the rules of the necessary evidence collection are not suitable for the maritime law enforcement,the social supervision of the maritime law enforcement is difficult,and the parties’ option of applying the spot punishment to the case is limited,and from the subjective and objective point of view to analyze the causes of the problem.The fourth part introduces the inspiration of the extraterritorial experience on the legislation of the spot punishment in the Coast Guard Law.The fifth part draws lessons from the fourth part and puts forward five suggestions to improve the existing problems in the third part.