On The Reconstruction Of The Marine Law Enforcement System Of China

The current maritime administrative law enforcement system of China is the product of planned economy,which is both a serious decentralized enforcement system and a highly centralized administrative system,also an embodiment of the "all government" policy.Within the system,the powers of marine management are shared by Department of Transportation, the Ministry of Agriculture,Ministry of Land and Resources,Ministry of Public Security, Tourism Bureau,and many other departments.For the fact that the departments of marine administration are mostly subordinations of the marine management agencies,there exist many defects such as:organizations being overstaffed,responsibilities being fragmented, power being abused,administrative areas being overlapped and the inefficient enforcement and so on,which also violate the administration concept of the "establishment of a service-oriented government".With the development of China's economy and accession to WTO,the maritime administrative law enforcement system has a serious impact on the further development of Chinese marine economy.Ever since the enforcement of the United Nations' Maritime Convention,all countries have attached great importance to the development of their marine economy by reforming the marine system.Among them,the reforms of Japan and North Korea's have posed a great threat to the security of Chinese coast. Therefore,it is urgent to reorganize the marine law enforcement system.Before the writing of this article,many experts and scholars have put forward various advice for the reorganization of marine law enforcement system,the integration of maritime law enforcement forces,and the establishment of an integrated law enforcement team.Last year,the Seventeenth National Party Congress has advanced an idea of "Large Ministries System",providing with opportunities for the reconstruction of marine law enforcement agencies.In this situation,the marine economy can be improved by reforming the marine law enforcement system,separating the powers of marine management,marine supervision and coordination and the marine law enforcement to different departments,establishing integrated marine enforcement agencies,as they improves the efficiency.Further more,the maritime safety is secured and the measurements also embody the concept of the establishment of a "service-oriented" government.This article focuses on the discussion of the reconstruct of maritime law enforcement agencies and provides some proposals for the establishment of an integrated maritime enforcement program team.The major measures are to reorganize the five marine law enforcement teams which are Marine Surveillance,China's Fishery,China Customs,China Maritime Safety,and China oceanic police,to establish Chinese Coast Guard,making it using a wide range of enforcement powers;to separate the powers of marine management,marine supervision,marine law enforcement,making the marine management Power attributed to State Oceanic Administration,establishing Supervision Coordination Committee under State Council,which has the power of marine supervision and harmonize work of marine management.Coast Guard subordinates to the Ministry of Public Security and undertake law enforcement activities at sea.This article is structured as follows:First of all,to analyze the defects of current maritime law enforcement system,then to make a comparison of experience on the reconstruction of foreign countries and China.Finally,to put forward the idea of the restructuring of China's maritime law enforcement system.