On The Coastal State’s Administrative Jurisdiction Over Foreign Ships In The Exclusive Economic Zone

On the coastal state’s administrative jurisdiction over foreign ships in the exclusive economic zone is a part of the administrative enforcement powers, and is the extension of national jurisdiction in the ocean. The eighteenth National Congress of the Communist Party of China proposed the strategic goal of building maritime power, one of the goals is to strengthen the administrative law enforcement of EEZ, foreign vessels fishing illegally in China’s EEZ, illegal measure, smuggling and trafficking, environmental pollution violations effective regulation to ensure that our maritime security and safeguard China’s maritime rights and interests. To face of the Diaoyu Islands issue and the South China Sea issue in the international situation which is heating up, strengthing China’s exclusive economic zone of administrative law enforcement is the most urgent and the most realistic.The text is divided into four parts:the first part defining national administrative law enforcement to foreign vessels in the EEZ area, subject and object. The EEZ is different from the specific area of the territorial waters and the high seas resource-oriented, the main body of the State in the EEZ of administrative law enforcement statutory administrative body, the nature of public authority property. National foreign civilian vessels, warships and government official ship in the EEZ of administrative law enforcement the right to enjoy immunity excluded.The second part of the basis of the State in the EEZ of administrative law enforcement, including the basic principles of the law enforcement, legal basis and legal basis. Countries in addition to the EEZ of administrative law enforcement should follow the basic principles of administrative law, but also follow the principle of public bulletin, the principle of state immunity, peaceful settlement of disputes and the prohibition of the abuse of power principle. The national legal basis for jurisdiction in the EEZ law enforcement theory, the enforcement of the law is mainly based on the relevant provisions of international law and domestic law.The third part of the EEZ of administrative law enforcement legislation and practice. Although China and gradually establish a variety of marine legal system, but not the development of the overall situation of the Basic Law of the ocean and marine law enforcement law, can not meet the requirements of the new era of maritime development. Throughout China’s maritime law enforcement practice, the administrative law enforcement of China’s EEZ legislation defects and deficiencies in the system. China’s existing marine law enforcement model is decentralized marine law enforcement mode, there is power cross, redundant construction, inefficient drawbacks.The fourth part is to improve the country in a number of recommendations of the administrative law enforcement of the EEZ, which sets the whole situation into the Basic Law of the ocean and marine law enforcement law is the key to the reform should be established on the basis of a unified maritime law enforcement team. Comprehensive approach to improve maritime awareness of the state and the nation, the development of specific marine development strategy, the disputed administrative law enforcement of the exclusive economic zone in the marine development strategy, and to achieve the convergence of international and domestic law.Administrative law enforcement of the EEZ development, first of all necessary is to improve maritime legislation, to find the legal basis of the legitimacy of law enforcement. Followed by the establishment of a unified maritime law enforcement, paramilitary forces and strengthen the effective control of the disputed exclusive economic zone.