Researches On The Maritime Administrative Summary Punishment Procedure

Influenced by the land-worshipped culture, since the ancient times, China has attached more importance to the land than the sea. This has undermined both its people's way of thinking or acting, and its state's legislation and administration. Therefore, many problems have occurred as the result of applying the continental rules and regulations to the maritime administration. For example, the same punishment procedure has been applied both to the maritime and continental administration regardless of their disparities, which has not only restricted people's rights to participate in the maritime administration, but also prevented the reasonable distribution of the limited administrative resources.This paper includes three chapters except the preface and the conclusion.Chapter 1:This chapter introduces the characteristics of maritime law enforcement ,explores problems about the current punishment procedure and its conflicts with the efficiency of law enforcement at sea, and confirms the necessity to establish the maritime punishment procedure.Chapter 2: This chapter introduces four principles for the maritime summary punishment procedure, including efficiency priority, individuality respect, procedure participation and power restrict, as well as such measures as establishing the administrator's obligations to in form people of their right to option for the summary procedure, and its enforcement ,the wider use of the procedure, and more types of the punishment.Chapter 3: In order to avoid the misuse of the maritime spot punishment procedure, the chapter concerns about the prohibition on the power of the maritime punishment. It emphasizes on the introduction and execution of the mechanism about the procutorate interference with the maritime law enforcement for supervision as well as suggestions on setting limited terms for spot punishment ,rectifying legal papers, handling the party's dissents. Advices are also put forward on the measures after the civil reconsideration and litigation are filed.