Legal Issues Research On The Cooperation Of Marine Administrative Law Enforcement

Since the United Nations Convention on the Law of the Sea went into force, governments are increasingly attaching great importance on safeguarding the state’s maritime rights and interests by creating basic ocean law to standardize marine management, and a unified system of marine law enforcement to strengthen law enforcement in sea power has become a world trend. With the advent of the economic slowdown, the sea has become a new engine to the economic development of China in the21st century, as well as an important backing to increase the international influence. The strategy of "To build China into a maritime power" brought up at the18th Party Congress of China demonstrated that the nation took marine development seriously from a national strategic perspective. The12th National People’s Congress meeting approved the Institutional reform of the State Council and the functional transformation plan, which decided to restructure State Oceanic Administration of the People’s Republic of China (hereinafter referred to as "China SOA") on March14,2013. In the area of marine administrative law enforcement, it presents "dualistic pattern" of China SOA and Maritime Safety Administration of the People’s Republic of China (hereinafter referred to as "China MSA"), which gives the opportunity to strengthen law enforcement cooperation of the two parties. However, there are a lot of problems for China SOA and China MSA to cooperate for administrative law enforcement. Therefore, to study the legal problems existing in law enforcement cooperation and to improve China’s marine law enforcement cooperation has become an important topic.Based on the institutional reform of the State Council in2013, combined with the practice of China’s marine administrative law enforcement cooperation, from the perspective of law enforcement cooperation between China SOA and China MSA, this paper is to analyze the legal issues caused by the cooperation of marine administrative law enforcement as well as offer some corresponding legal suggestions.The paper can be divided into four sections:The first part, the writer introduces the concept and characteristics of marine administrative law enforcement at first, and distinguishes between oceanic administrative law enforcement and maritime safety administrative law enforcement according to the research needs to. At the same time, the paper introduces its case in practice, and finally discusses the theoretical basis and the opportunity of marine administrative law enforcement cooperation in detail.The second part, the writer takes the marine administrative law enforcement cooperation status quo between restructured SOA and China MSA as the research key, mainly illustrates the law enforcement powers and the cooperation between the two parties.The third part, the paper summarizes and analyzes the plight of cooperation in maritime law enforcement nowadays.The fourth part, in regard to the issues which are raised in part2, the writer offers specific legal suggestions from the aspect of legislative, cooperation mechanism and law enforcement officials.