On The Development Of The Creativity Of Postgraduates

This dissertation consists of four chapters. Based on the law theories and relative laws and rules,it analyzes the common theories and problems of the administrative constraint in maritime affairs,discusses the pacification policy thereof, and puts forward several suggestions to consummate the administrative constraint in maritime affairs.The second chapter analyzes the current different views on the administrative constraint in maritime affairs, and then explains the concept of administrative constraint, so as to introduce the concept of the administrative constraint in maritime affairs. As the general designation of the compellent actions in the area of maritime affairs, it consists of compellent measures and compellent enforcement. The compellent measures imply that the maritime affair administrating institute constrains the properties and behaviors of the relative people according to the law. Compellent enforcement means to constrain the people who donot carry out the obligations according to the law to fulfil their obligations. Whereafter, the features of the administrative constraint in maritime affairs are concluded. After comparing the differences among the compellent measures, the compellent enforcement and the intime constraint, it is shown that there are four principles in the administrative constraint in maritime affairs: law-based constraining principle, target implementing principle, proportion principle and relieving principle.The third chapter analyzes the current problems in the administrative constraint in maritime affairs, starting with the current situation thereof. Coming up with 66 kinds of administrative constraint methods in maritime affairs, it makes a clear analysis of the present situation and problems, and according to which it brings three methods: to put in order the current constraint, to consummate the law executing procedures and to enforce the executing supervising.The fourthly chapter discusses the pacification policy, introduces the current situation and its development, and analyzes its necessity. It exhibites the necessity and usage of the pacification by introducing a real case. Whereafter, the restrictment during pacification and the relieving affairs are made.The last chapter puts forward some suggestions to conaummate the administrative constraint in maritime affairs: to regulate the enactment limitation, to definitude the principal part, to modernize the procedures, to consummate the relieving policy, to perfect the lawsuit policy, to reduce the difficulties in relieving, to perfect the method, object and scope of constraining, and at last to criterion the constraining actions.