| On February 1,2021,the State officially promulgated and implemented the Coast Guard Law of the People’s Republic of China,which defined the Coast Guard agency as a comprehensive maritime law enforcement force,aiming at enabling the Coast Guard agencies to achieve foreign cooperation when carrying out maritime rights protection and law enforcement,and to better maintain good order at sea.At present,through reading literature found that scholars at home and abroad are mostly administrative enforcement procedures,maritime rights law enforcement and the problems,specifically for the administrative enforcement procedures,the law on the legislation can not meet the demand of practice,so the article with reference to the "coast guard law" administrative enforcement law of the People’s Republic of China and the administrative procedure law of the People’s Republic of China related provisions,the coast guard agencies maritime law enforcement administrative enforcement procedures analysis and discussion.Article adopts the literature research method,standard analysis,inductive summary method,first from the coast guard law administrative enforcement procedures general theory,the concept of administrative enforcement procedures and its particularity,followed from the two aspects of the legislation and implementation of administrative enforcement procedures,summary found that our country "coast guard law" implements "double track" to carry out the administrative enforcement procedures,the administrative organs and judicial organs together as the executive organ,and to apply to the people’s court enforcement,the principle of administrative organ enforcement.Then analyze and summarize the four problems of the compulsory enforcement procedures of the coast guard institutions,namely,the option of the coast guard institutions is not perfect,the enforcement procedure of the fine is not perfect,the performance procedure is not perfect,and the lack of special coast guard enforcement procedures.Finally,the corresponding countermeasures are put forward,namely,to improve the option provisions of the compulsory enforcement procedures of the coast guard institutions,establish a perfect fine enforcement procedures,refine the legal provisions of the agency enforcement procedures,and formulate a unified maritime administrative enforcement procedures.Article in the coast guard administrative enforcement procedures in the law as the breakthrough point,based on the existing relevant laws and regulations,combined with the practice of case analysis,put forward the corresponding problems and countermeasures,aims to improve the maritime execution procedure legal system to provide theoretical support and fill the gaps in the theoretical research in practice.In short,coast guard institutions the improvement of administrative enforcement procedures is a long way to go,need to study and research in practice and theory,need to pay more attention to improve the task of the laws and regulations,further formulate Marine administrative procedure law,Marine basic law and other supporting provisions,only in this way,to further improve the coast guard agency administrative enforcement procedures,better guide law enforcement practice,improve the administrative efficiency and safeguard human rights,promote the maritime rights law enforcement work smoothly. |
