Study On Legal Issues Related To Maritime Credit Regulation

To enhance the credit system in the maritime regulatory field,innovate maritime regulatory mechanisms,optimize the business environment,regulate the socialist market economy,and improve the credibility awareness of the relevant parties,it is essential to implement a classified and graded maritime credit regulatory system.The maritime credit regulatory system is a crucial component of maritime administrative regulation and its significance and impact cannot be underestimated.By utilizing the credit regulatory system and its tools,maritime management agencies can enhance administrative efficiency,promote administrative reform,and achieve high-quality development of maritime regulation.As a special practice of social credit supervision in the field of maritime safety supervision,maritime credit supervision needs to rely on the general theory of social credit supervision to ensure its reasonable implementation.By following the guidance of the general theory of credit regulation,the scope of credit regulation and the specific features of credit regulation implemented by administrative departments are defined,and the theoretical framework for the maritime credit regulatory system is established.Drawing on the historical development of implementing maritime credit regulation measures in China,as well as foreign credit management practices and the progress of credit regulation practices by other domestic administrative departments,valuable insights and reflections are provided on the future development direction and improvement path of maritime credit regulation practices.As an administrative regulatory measure,maritime credit regulation must be strictly carried out in accordance with statutory authority.Therefore,the focus is on examining the legality and legitimacy of the maritime credit regulatory power and specific measures from the perspective of legal administration,as well as whether there are logical contradictions and content omissions in the maritime credit regulatory system.It mainly includes the following three aspects: After exploring the basic principles of maritime management agencies exercising credit regulatory power based on the general theory of administrative law,although the maritime credit regulatory power can be proven to be constitutional and legal,there are still certain flaws.Regarding credit evaluation behavior,there are problems such as information collection defects,disputes over the nature of evaluation behavior,and insufficient remedies for the rights of related parties.In terms of credit incentives and punishments measures,the prominent issues are the scope limitation of credit incentives and dishonesty sanctions,the administrative discretion limit of dishonesty sanctions,and the lack of joint incentive and punishment mechanisms.To address the issues that arise in various key aspects of maritime credit regulation,maritime management agencies should explore the path to perfecting maritime credit regulation through a mode of legislative regulation.By determining the level and length of legislation,the basic law of maritime credit regulation can be gradually constructed.Based on this,specific issues in credit regulation can be addressed through newly enacted legislation or supplementary provisions,including determining the content and scope of maritime management agencies’ credit regulatory power,improving the content and system of maritime credit evaluation,specifying the scope of maritime credit incentives and punishments,and constructing a joint credit incentive and punishment mechanism.After the legislation is passed,maritime management agencies should also apply the rule of law to connect maritime credit regulation with the social credit system,establish a credit information sharing platform for multi-department coordination,and provide the concerned parties with a scientific,complete,and fair maritime credit evaluation result.