On Ordering The Demolition Within A Time Limit In The ’Coast Guard Law Of The People’s Republic Of China’

The first meeting of the Twelfth National People ’s Congress held in 2013 decided to rebuild the State Oceanic Administration,integrating the four maritime law enforcement forces of public security border guards,customs anti-smuggling,China ’s maritime surveillance,and China ’s fishery administration to carry out maritime rights enforcement in the name of the China Coast Guard.Since then,the coast guard has become the backbone of China ’s maritime rights enforcement and security.In view of the problems of illegal buildings and illegal structures in China ’s sea areas and islands,it is urgent to be controlled and governed by the coast guard agencies.The " Coast Guard Law of the People ’s Republic of China " has just been promulgated,and the nature of the act of ordering the demolition within a limited time has been controversial.The combination of the two will,to a certain extent,lay many problems for future judicial practice.To this end,this article focuses on the provisions of Article 20 of the ’ Coast Guard Law ’ on ’ ordering the demolition within a limited time ’,starting from the general theory of ordering the demolition within a limited time,by discriminating the different theories on the determination of the legal attributes of ordering the demolition within a limited time,combined with other domestic laws and regulations.The application mode and current situation of the act of ordering the demolition within a limited time,and then to the specific application of the act of ordering the demolition within a limited time in the ’ Coast Guard Law ’,in order to find out the problems existing in the act of ordering the demolition within a limited time and analyze the causes of the problems,and finally put forward countermeasures and suggestions to solve the problems.The main part of the article includes the text and conclusion,which is divided into four parts :The first part defines the relevant concepts and analyzes the identification of the legal attributes of ordering the demolition within a limited time in different theories.The second part is to sort out the specific application status of ordering the demolition within a time limit in domestic water-related laws and regulations,and analyze the application status and significance of the ’ Coast Guard Law ’.The third part is the analysis of the problems and causes of ordering the demolition within a limited time in the ’ Coast Guard Law ’,mainly including : marine building registration system is not perfect,the object of ordering the demolition within a limited time is not clear,the supporting laws and regulations of ordering the demolition within a limited time is not perfect,the legal attribute of ordering the demolition within a limited time is not clear,and the execution procedure of ordering the demolition within a limited time is not specific.The fourth part is the countermeasures and suggestions to improve ordering the demolition within a limited time of the ’ Coast Guard Law ’.It mainly puts forward countermeasures and suggestions for the problems existing in ordering the demolition within a limited time,including :improving the registration system of offshore buildings,clarifying the object of ordering the demolition within a limited time,improving the the supporting laws and regulations for ordering the demolition within a limited time,clarifying the legal attributes of ordering the demolition within a limited time,and clarifying the implementation procedures for ordering the demolition within a limited time.