The Study On The Direct Application Of Maritime Conventions In The Maritime Law Enforcement Of China

During the recent decades,maritime conventions have been amended more and more frequently.In such case,the maritime legislation in China relatively lags behind. Therefore,in order to make the standard of the maritime law enforcement consistent with the requirements in the maritime conventions,it is necessary that those conventions can be directly applied in domestic law enforcement.In the perspective of the maritime administration,the thesis starts the research of this direct application in maritime law enforcement with the analysis from the general theory of direct application in China.There are four chapters in this thesis.The first chapter interprets the several definitions regarding the title,making clear the meaning of maritime conventions the thesis referred to,the meaning of maritime law enforcement,and define the meaning of direct application in this thesis.The second chapter mainly focuses on analyzing the basic theory of direct application of maritime conventions in the maritime law enforcement.The application of the maritime conventions in one country depends on theory adopted on the relationship between the international laws and domestic laws and the way of acceptance of treaties in such country.Considering the general theory and the legislative practice in China,it is evidenced that the direct application of maritime conventions has the basis in the maritime law enforcement.Meanwhile,there are certain specific characteristics of the maritime conventions,which support the direct application of the conventions in practice when necessary.The third chapter analyzes the situation of China's direct application of maritime conventions in law enforcement.Different modes are included in this direct application, among which a special one is that the China's maritime administration branches directly apply the updated technical amendments of maritime conventions by announcing their entry into force.In practice,the direct application and the indirect application co-exist, and mutual complement.However,there are also some problems in direct application due to unfavorable factors.On the basis of above research and analysis,the fourth chapter discusses the aim of direct application and the ways to improve the system of direct application in China. The object of direct application of maritime conventions is to accord China's maritime law enforcement with the international maritime law legislation.For this reason,it is not proper to enlarge the range of direct application in maritime law enforcement,which is better to be limited in the application of technical amendments and enforcement of the international navigation vessels.Finally,the thesis gives some suggestions on the improving of the direct application of China's maritime conventions.