Study On The Priority Of Use In Maritime Police Law

In order to build a maritime power,China has successively completed the construction of its maritime law enforcement team and legal system since 2013,including restructuring the National Oceanic Administration,completing the transfer of the Chinese Maritime Police Bureau to the Chinese People’s Armed Police Maritime Police Force,and formulating and implementing the Maritime Police Law of the People’s Republic of China(hereinafter referred to as the Maritime Police Law).This shows the importance that China attaches to improving the effectiveness of maritime rights protection and law enforcement.Therefore,studying the exercise and relief of the power of maritime police agencies has important practical significance.The Maritime Police Law,as an important basis for law enforcement by maritime police agencies,innovatively proposes the concept of maritime police priority use rights in Article 54.Compared to priority rights such as police priority,maritime police priority not only has the general nature of expropriation rights,but also has the characteristics of special power subjects,complex and variable law enforcement environments,and high law enforcement costs.If the maritime police priority right is only exercised in accordance with Article 54 of the Maritime Police Law,it will not only fail to enhance China’s maritime rights protection and enforcement capabilities,but also make it difficult for organizations and individuals to obtain effective remedies for their rights and interests.Therefore,in order to standardize the exercise of power by maritime police agencies,protect the legitimate rights and interests of administrative counterparts,and improve the efficiency of maritime rights protection and law enforcement by maritime police agencies,it is necessary to conduct in-depth research on the exercise and relief of maritime police priority use rights.The study firstly extracts and analyzes key words to clarify the nature and composition of the maritime police priority right,then compares it with the armed police priority right,the police emergency priority right,and the administrative expropriation right,and summarizes the conditions for exercising the maritime police priority right.Then sort out the historical evolution of the law enforcement basis of different maritime law enforcement agencies in my country in order of the four time nodes before the reorganization of the coast guard organization,after the reorganization,after the transfer,and after the promulgation of the "Maritime Police Law",and further illustrate the process of exercising the priority of the coast guard There are five problems: unclear subject,unclear definition of exercise conditions,insufficient procedural regulations,insufficient relief means,and imperfect compensation system.Finally,through the analysis of the reasons,put forward the corresponding countermeasures,in order to provide a theoretical reference for "improving the exercise and relief of the maritime police’s priority use right".In addition to the introduction and conclusion,the article is divided into four parts.The first part sets out the general theory of the maritime police preemptive use right,introduces the concept of the maritime police preemptive use right,compares similar powers,and highlights the nature and composition of the maritime police preemptive use right.The second part lists the law enforcement basis of different law enforcement agencies in my country in the development process of maritime law enforcement,and sorts out the historical evolution of the basis for the maritime police to exercise priority.The third part summarizes the above-mentioned five problems existing in the current maritime police agencies exercising the right of priority and analyzes the reasons.The fourth part puts forward corresponding countermeasures and suggestions for the problems in the previous part combined with the actual situation.