To Probe On The Problems And Improvement Of The Maritime Administrative Remedy System

The maritime administrative remedies as mentioned in this paper may works out as providing protective measures for any citizen, legal person or other organization, when their lawful rights and interests even the public interests have been infringed upon by defective administrative acts of maritime administrative organs, while the measures can be regulated both in the administrative system and other systems (mainly the judicial system). This kind of remedy works in a negative way that can only be revoked by the administrative counterpart, namely no infringements, no relief. What’s more, as this special remedy system plays an important role in implementing both the substantive norms and procedural norms, it aims to protect the legitimate interest of the relatives. The administrative counterpart can apply for administrative reconsideration, or, lodge an administrative appeal. In recent years, foreign scholars have done much research on the subject of the maritime administrative law and do bear fruitful results, while the domestic research still seems a little empty, especially the issues on relief system worth systematical research.The paper focuses on the concept and connotation about maritime administrative law and maritime administrative remedy. based on the obstacles which may be encountered by the administrative counterpart in the process of seeking remedy, it has done analysis about the problems to be solved in maritime administrative reconsideration and maritime administrative suit, mainly can be divided into parts as follows:the scope of maritime administrative reconsideration, the independence of the administrative reconsideration organs, the application of reconsideration mediation system, the jurisdiction of maritime administrative suit. In particular, I have also put forward my own opinions on the ship’s capacity as a subject of law. The article just does a reflection on the convergence of maritime administrative reconsideration and litigation.To make the theory more clear, this paper employs such approaches like empirical analysis, case study and comparative analysis. The whole paper can be divided into three parts. The first part is mainly about the introduction of the basic theory of maritime administrative law and maritime administrative remedy, which can act as the theoretical bases. As for the second part, i try to list out things to be done in the construction of our maritime administrative remedy system, especially focus on the flaws in the system of maritime administrative reconsideration and maritime administrative suit. Based on the former part, the third part mainly analysis the questions from various angels like elementary law theory, existing laws, practice and so on; while put forward some views about how to improve the maritime administrative remedy system in China.The main innovation reflected in this paper is the introduction of actio in rem to maritime administrative law. Though actio in rem was only one of the most fascinating theories in the Anglo-American Maritime before, it’s widely accepted by many countries during the rapid development of international trade and international law thereon, which also influences China. And China has absorbed its outstanding achievements in Chinese Maritime Law.