The Right Of Liberty Discretion On Maritime Administrative Law Enforcement

The development of modern society has broadened the range of administration and with the differences in the ways of supervision and restriction, the right of administrative liberty discretion exists in every state. Along with the growth of economy and technology, the right of liberty discretion of administrative institution has increased as the governments' function and powers in the organization and adjustment of society have been continually extending. Law of administration has involved almost in everywhere. The right of liberty discretion on maritime administrative law enforcement is also very important. The maritime laws and regulations award the administrative department of maritime affairs with the essential right of liberty discretion among the maritime administrative law enforcement, enable it to weigh the weight according to the objective situation, use flexibly, so as to administer the state according to law, maintain national rights and interests, guarantee the realization of the goal of " shipping security, ocean clean "; Meanwhile, in order to realize administration rule by law, we must exert some control on the right of liberty discretion. The behavior of abusing the right of liberty discretion violates the purpose and will authorized by law, interferes and destroys the legal system order, and its consequence is serious, the harmfulness is great, and seeing from practice, in the administrative law-enforcing work of maritime administrative department, the behaviors of abusing the right of liberty discretion, even violating legal provisions, are not rarely seen either. So, further investigation of the right of liberty discretion has certain value of theory and practice, for promoting the development of maritime administrative law enforcement, and safeguarding the interests which ensure the relative people of administration authoritatively and effectively, and this also becomes an important job which the administrative departments of maritime affairs at all levels have been studying and implementing as soon as possible. The right of liberty discretion in the maritime administrative law enforcement is not merely a difficult theoretical question, but also apractical problem that the administrative subject of maritime affairs must be solved in managing the domain public affairs of maritime affairs.This text tries to study the content and pros and cons of the right of liberty discretion on maritime administration, on the basis of analyzing the general theory of the right of liberty discretion, and focuses on the control of the right and hoping to really play a certain role to the administrative department of maritime affairs for the implement of the administration rules by law.