Study On The Administrative Law Enforcement Of The Coast Guard

Maritime police enforcement is an important link in safeguarding China’s maritime rights and interests.The promulgation of the Coast Police Law has established the comprehensive law enforcement power of the Coast police integrating national security,maritime administrative law enforcement and maritime criminal investigation.However,the theoretical framework of the administrative law enforcement system of the Coast police has not been clarified,and the law enforcement practice is prone to many problems.For example,from the perspective of law enforcement subjects,there are certain conflicts between the Maritime Police Law and customs Law and other legal systems,leading to certain overlapping functions and powers of the maritime police agency,maritime administration agency and public security organ,which are prone to certain conflicts.From the perspective of procedural system,the issue of evidence system in the process of procedural cohesion is worth discussing.It is necessary to improve the theoretical system of China’s coast police administrative law enforcement and promote the combination of law enforcement theory and practice by analyzing the existing problems of the coast police administrative law enforcement and sorting out its theoretical logic of operation.This paper adopts literature research,empirical analysis,comparative research method.The first chapter from the sea of historical development process and the definition of administrative law enforcement,to define the nature of the coastguard agency,analysis with the general administrative law enforcement and compared the similarities and differences of the land,and coastal and analyzes administrative law enforcement authority and state security authority.Coastguard agency in the second chapter studies the problems of administrative law enforcement authority of legal system,from the Angle of division of labor and collaboration between coastguard agency and other relevant departments of the remitthat cross section dialectical analysis,using the method of direct interpretation,including coastguard agency and maritime management institution between research in the field of fishery production permission to cross,As well as the overlapping responsibilities between the maritime police and the onshore public security in offshore areas and ports.The third chapter mainly analyzes the types of specific administrative acts of the coast police,including administrative punishment,administrative compulsion and supervision and inspection.Through the study of the content of the administrative punishment of the coast police agency,the qualitative problem of the order behavior in the exercise of its functions and powers is introduced and reasonable suggestions are put forward.To clarify the nature of vessel departure prohibition in administrative compulsion of the coast guard;This paper expounds the nature of boarding inspection and on-board supervision in supervision and inspection,and the problems in demarcating temporary maritime warning area.The fourth chapter mainly discusses the coastguard agency to exercise the administrative law enforcement procedure bridging studies the system of evidence,including a criminal case and evidence of mutual transformation of administrative case system,fast to transact to general evidence system,analysis the current simple forensic evidence can directly be applied to other problems,and puts forward the Suggestions.