Discusses The Maritime Administrative Punishment Legislation

The maritime administrative penalty is one of the administrative action to punish the individual, juridical person or any other organization who violate the maritime administrative order. It is one of the most common and requisite administrative measures for the maritime administrative department to defend the traffic safety at sea. The purpose of the maritime administrative penalty is defending the maritime administrative order. So, perfect maritime administrative penalty is the premise and the ensure for the maritime department to execution of power. But thanks to the work of maritime administrative penalty starting latter in our country, add shipping business develop quickly in recent years, kind of action to violating traffic order at sea presents the characteristic of frequently and complexity. The characteristics bring about the existing legislation not enough to satisfied the substantial needs. Presently, maritime administrative penalty system exists some problems, principal include the law enforcement officer have too much right to discretion, the problem of seriously, and the legislation of procedure hiatus. These problem give perplexed to the work of the maritime administrative department, also bring about the higher risk to enforcing the law, it’s no good for the long-term development of the maritime cause in our country. In view of the background and the present situation above, passing through the analysis of the administrative penalty, and uniting the difficulty in quoting the law for the maritime managerial department, the writer put forward the objection and propose to improve maritime administrative penalty legislation system. At last, the writer stress the important meaning for the perfecting maritime administrative penalty legislation system by enhancing local legislation.