Research On The Illegal Obtained Of Maritime Administrative Punishment

Illegal obtained is a special legal concept, which is involved in all of Chinese criminal law,civil law, and especial in administrative law. It is closely related to administrative penalty andadministrative confiscation. In the area of maritime administrative punishments, illegal obtained isalso quite common. According to statistics, more than80%cases of maritime administrativepunishments involve the problem of illegal obtained, but there is not a unified understanding andunified approach of the concept, which severely affects the seriousness and the unity of legalsystem. So, it is an emergent problem for us to further research though combining the basic theoryand the maritime practices, in order to form a consensus in theory, a unified in practice.Based on this, the article summarizes the main view about the illegal obtained, and introducesthe main characteristics of maritime administrative punishment of illegal obtained, and analysis thesubject, nature, relief channels etc. in logic, comparative, positive and grammatical perspective,and case investigation. Through the case study, Pointes out the specific problems in the practiceof maritime law enforcement, and puts forward specific proposals and suggestions in legislation,law enforcement, in order to construe relevant theory with respect to illegal obtained.This article is divided five parts. The first chapter brief introduces illegal obtained in practice,especial the problem exist in the maritime administrative law enforcement, and draws out theresearch purpose, research methods of this article. The second chapter summarizes the basic theoryof illegal obtained. The third chapter describes the character of illegal obtained in the maritimeadministrative punishment. The fourth chapter analysis typical cases from Ningbo Maritime SafetyAdministration. The last chapter is conclusion, which includes the suggestions and opinions basedon the research results about the article.