A Research On China Maritime Administrative Law Enforcement Under View Of International Law

When scanning the current international marine order constructed by United Nations Convention on the Law of the Sea, we will find many new changes, which contain safety, freedom, equity and value demand of mankind common benefit; new ideas and hope are brought to solve the increasing and complex international marine disputes and realize the lasting world peace.Although the effect of United Nations Convention on the Law of the Sea provides a rule for the distribution of world marine rights, the fight for their own marine rights of all countries is becoming fiercer and fiercer because the amplification of coastal countries'requirements about marine rights, especially the contradictory caused by the overlapped right requirements. It's essential for coastal countries to expand the marine compass of competency, enlarge research of the exclusive economic zone, continental shelf and its resource, of which the core and focus aim at maintaining and realizing the national maritime sovereignty from being violated. We can find that from the concept of national sovereignty and the current structure of China maritime administrative management system, the main effects of China Maritime Arbitration Commission are as followed:firstly, the supervision and management of flag state and the maintenance of Navigation Right of Vessels in China; secondly, the maintenance of marine traffic safety, in order to represent the administrative management of sea areas under coastal countries'jurisdiction; thirdly, the protection of marine environment, which mainly represents in protecting oceans from being polluted by vessels; finally, work at reducing and perish non-traditional threats of safety, which mainly represents in the work of ship security and anti-piracy. The China Maritime Arbitration Commission does a lot in the above aspects, but about the ability and achievement of maintaining national maritime sovereignty at present, there is far from its responsibility.Take international law as a view, strengthening the effect of China Maritime Arbitration Commission to maintain national sovereignty as strong point. Based on the arrangement and analysis about the relevant provisions of relative international treaty such as United Nations Convention on the Law of the Sea, to coastal countries, flag countries and port countries in discharge of their duties, the paper completely expounds the legal basis and lawful obligation of China Maritime Arbitration Commission to maintain national maritime sovereignty, analyzes the problems when China Maritime Arbitration Commission performs the authority to maintain national sovereignty, on the foundation of utilizing the experience and enlightenment in maintaining national maritime sovereignty from foreign marine administrative agencies and China relevant department, then proposes that when completing domestic laws, the effective linkage with international treaty should be strengthen at the same time, and some relevant suggestions to further complete international cooperation mechanism of maritime administrative law enforcement and normalize maritime administrative law enforcing procedure.