On The Quick Handling Procedure Of The Coast Guard Law

The rapid handling procedure of the Coast Guard Law stipulates that Article 30 of the Coast Guard Law refers to maritime administrative cases where on-the-spot punishment is not applicable,but the facts are clear,the parties voluntarily admit their mistakes and accept the punishment,and there is no objection to the illegal facts and the application of the law.After obtaining the written consent of the parties,the coast guard agency can handle the cases by simplifying the collection of evidence,examining and approving measures.Compared with land law enforcement,the investigation and collection of evidence is more difficult,the cost is higher,and the law enforcement personnel are required to have stronger professionalism.Maritime administrative illegal cases will encounter difficulties in the collection,acquisition,processing and execution of the cases,and the coast guard has the problem of heavy workload and few cases.To some extent,increasing the rapid handling procedure in the Law can relieve the pressure of the coast guard.Therefore,it is of great practical significance to study and discuss the rapid handling procedure added in the Coast Guard Law.On the basis of combing and studying the theories related to the fast handling procedure,this paper concludes that the fast handling procedure can improve the efficiency of law enforcement,reduce the cost of law enforcement and highlight the procedural justice.But so far,the coast guard agency for the "Coast Guard Law" fast handling procedure is rarely applied,for this reason,this paper further explores the possible problems of the fast handling procedure,put forward the rapid handling procedure to improve the suggestions and countermeasures,for the coast guard agency to apply the fast handling procedure to provide a reference direction.This paper adopts the methods of literature analysis and comparative research to analyze the problems existing in the rapid handling procedure of the Coast Guard Law,including: The scope of application of cases is not clear,the simplification of proof standards for cases without clear evidence collection,the replacement of written inquiry records by audio and video recordings is in conflict with the Administrative Punishment Law,the fast handling period is not in line with the reality of maritime law enforcement,and the supervision mechanism of maritime investigation and evidence collection is not sound.Based on the analysis of existing problems,through the analysis of subjective and objective reasons,this paper puts forward the countermeasures to improve the rapid handling procedure of the Coast Guard Law.The countermeasures are studied from five aspects: In clarifying the scope of application of cases,clarifying that special subjects should not apply the fast-track procedure,clarifying the period of administrative detention penalty when the fast-track procedure is applied,and clarifying the applicable standards of the fast-track procedure relief clause;In establishing the standard of proof adapted to the simplified collection of evidence at sea,different standards of proof are applied in different situations such as detention penalty and presumption of the existence of illegal acts.In resolving the conflict between audio and video recording instead of written inquiry record and the provisions of Administrative Punishment Law,the conflict should be resolved through legislation;On the time limit for setting fast-track procedures,the time limit for handling cases shall be set in line with the actual situation of maritime law enforcement;In order to improve the supervision mechanism of maritime investigation and evidence collection,the separation of case personnel from legal personnel and the establishment of maritime investigation and evidence collection supervision committee are stipulated.