Research On The Marine Inspector System

In the state power, administrative power is the most dynamic and the mostpowerful, but also the most direct impact, the most critical in the political, economic,social and civic democratic rights and interests affect. Administrative power is theeasiest to civil rights and interests are caused damage, the most easy to abuse andproduce corruption. Supervision is an indispensable means to make the administrativelaw enforcement to achieve the desired objectives, prevent and stop the abuse andcorruption of administrative power. The special inspect of the administrative behavioris worth studying, and should be perfect administrative supervision system, perfectthe internal supervision mechanism of administrative law enforcement.These years, with the "blue economy" idea unceasingly thorough, people on theMarine exploration unceasingly thorough, the Marine resources development andutilization, and the urge to strengthen the idea of sustainable development are often isthe earliest to neglect. At the same time, the existing administrative body shackles inadministrative districts membership concept, and ignore the international leadingbased on the ecosystem management concept, failed to break the administrativemembership concept. Such as now blue economic zone construction, or all accordingto their respective regional concept with "city" as the world build their "planning".Marine management department in the local interests and the interests of thedepartment, motivated by the administrative behavior exists serious selfishdepartmentalism, and deviate from the protection of the interests of the whole oceansustainability. And the richness of ocean data to Marine management department andindividual possible to rent-seeking, in the interests of the individual driver, in recentyears there were many corruption problems, dereliction of duty.In response to these problems, the national oceanic management and lawenforcement system have been decided to reform in the first meeting of the second session of the National People’s Congress in2013. In other words, a higher level ofspecialized agencies of the Division for Ocean Affairs is to be formulated and theState Oceanic Administration is also to be reorganized from the fishery lawenforcement, maritime law enforcement of customs officials, and maritime lawenforcement of police border. Then the State Oceanic Administration is on behalf ofthe police Department of the China Sea for foreign rights enforcement. Thus, tospecify the marine administration and enforcement, strengthen ocean inspector effortsand ensure the correct implementation of the marine administration and marine lawsand regulations have been paid more prominent impotances. Therefore, whether hasthe ability to establish a unified, efficient system of marine inspectors, supervise andinspect the relevant administrative authorities to implement the relevant national laws,regulations, rules, policies, and supervise the administrative authority to perform theirduties in accordance with the law and promptly correct their illegal act, haveimportant practical significance.Therefore, this paper intends to explore the concept, intrinsic nature, operatingcharacteristics and mechanisms of the marine inspectors, analyze the basis ofestablishing the marine inspector system and build the China National MarineInspector system framework on the basis of adopting a literature analysis andcomparative analysis, utilizing the administration inspector theory, organizationnetwork theory, institutional theory, and policy implementation theory, analyzing theactual situation of China’s ocean administration, and dissecting marine administrationand its operating condition, as well as the design of foreign inspector system and itspractice. To achieve this goal, the paper intends to study the following aspects on thebasis of exporing the above theories.First, the China’s marine administration system and its operating condition are tobe analyzed. The marine administration has become increasingly prominentimportance after the establishment of the new order of the oceans and marine systems.The management object has been adjusted to ensure the sustainable use of the marineenvironment and resources. To achieve this goal, kinds of management model havebeing taken in various countries. As a traditional inland country, China has abandoned the closed-door policy and made great progress in the development of marine affairs.With the gradual progress of the ocean affairs, the sea-related interests are more andmore complex. While the marine administration system has being changed, variousproblems have been evolved in its operation. To solve those problems, it’s necessaryto deep analyze the marine management system and operational status.Second, the China’s national marine administrative legislation and administrativeinspector are to be studied. The administrative legislation is the highest guidingprinciple for the modern administrative organs. The basic legislative principles mustbe kept. Besides, the administrative inspector must be strengthened in theadministrative process, which is an important part of the morden administration.Strengthening the inspection for the administrative act is also inevitable requirementof administration according to law. Nevertheless, lots of problems have been emergedin the process of marine administrative legislation and administrative inspector.Therefore, it is necessary to systematically study the national marine administrativelegislation and administrative inspector in order to lay the foundation for theformulation of the marine inspector system.Third, the administrative inspector systems and their practices at home andabroad are to be expored. Despite the long history of China’s surveillance system, butthe establishment of the modern state system is not long. The ombudsman system isbuilt with the state of reality system in ancient Western supervision theory. Thus, it isnecessary to examine the systems and agencies of foreign industry inspectors. On thisbasis, the paper is to explore the industry inspectors (National Land Inspector,Environmental Protection Inspector, the Planning Inspectorate and the Provident FundInspector, Inspector of Police, the Cultural Relics Administrative EnforcementInspectors and Fishery Administrative Law Enforcement Inspectors) which areestablished after the modern stat system. Besides, the above industry inspectorsystems are to be paid a comprehensive analysis to explore how to apply theadministrative inspector system to marine inspector mode.Fourth, the idea of marine inspector system is to be developed. Marine inspectorssystem is different strata supervision system under the marine administrative law enforcement supervision system, which is designed to fully grasp the supervision ofthe national administrative work. It’s particularly urgent to establishment the marineinspector system in the case of China’s current lack of strong macrocoordinationmechanisms and difficulty to integrate the related marine government departments.Therefore, it is necessary to explore the institutional system of the China nationalmarine inspector on the basis of analyzing the current marine inpector law and itspractice, exploring the theoretical basis for the development of marine inspectorsystem and summarizing the experience of the foreign marine inspector managementsystem.To sum up, as far as the the marine inspector system theory is concerned, itsstudy is still blank in China. The paper is committed to explore the relevant issues ofmarine inspector system, and develp the preliminary legal theory of building themarine inspector system, which is one of the innovations. Moreover, the paper hasdeveloped basic framework of marine inspector system according to the actualsituation of China’s marine management, together with the concept, inherent nature,operating characteristics and mechanisms of marine inspectors. Then, the marineinspector system model suitable for China’s national conditions is designed on thebasis of the above theories, which is the another innovation of this paper.As said above, the Chinese marine management system involves not only thelongitudinal system also involving lateral system, but not limited to the coordinationof policies and measures of the different departments and different industries, but alsoresolutely safeguard national maritime rights and interests in the internationalcommunity. Therefore, the marine stewardship is extremely complex, which in turnexacerbates the complexity of management. In such a complex management system,it’s particularly urgent to strengthen its inspector, but also more difficult. The relevanttheoretical system is still not sound enough, and there is no internationally successfulmarine supervision system system. Although this article is trying to be innovative inthese two aspects, but those innovations will inevitably have certain limitations, and the proposed marine inspector system is also not perfect. In a word, it’s necessary toconstantly improve the above theories and the system framework.