Problems And Countermeasures Of China Coast Guard Laws

This thesis analyzes the legal issues and countermeasures of the China Coast Guard system from the view point of the China Coast Guard Bureau reorganization. By analyzing legal provisions and existing problems of the China Coast Guard system, this paper provides same proposals for the improving of China Coast Guard system.The introduction part includes the writing background, the realistic requirements of the China Coast Guard reorganization and the situation of maritime security.Part I provides an overview, by summarizing the concept of marine police and introducing the basic situation of China Coast Guard Bureau reorganization. It also introduces the China Coast Guard Bureau’s duty and its cooperation with other sectors.Part Ⅱ analyzes the China Coast Guard Bureau formation. Firstly, this part paves the way of studying the formation of administrative organization by introducing the concept and the function of administrative organic law. Secondly, by analyzing the "Three-fixed Plan" and explaining the reorganization process, this part comes up with the problems of the China Coast Guard Bureau reorganization. In the trend of The Super-ministry System Reform, the China Coast Guard Bureau has been developing into an integrated law enforcement agency, since2013. Analyzing the issue from the perspective of the organic law is to provide proposals for the merging later on.Part III presents the China Coast Guard administrative procedure laws. Firstly, it makes an introduction of the administrative procedure law and the maritime administrative procedure law. Then, it classifies the relative Coast Guard maritime laws and regulations of administrative procedure, analyses the procedures of Coast Guard maritime law enforcement and raises problems of the Coast Guard maritime law enforcement procedures.Part IV describes the Coast Guard maritime law enforcement assistance, that is, the study of Navy participation in Coast Guard law enforcement. Firstly, it introduces the general concept of Navy participation in Coast Guard law enforcement and insures the necessity of Navy participation through various analyses. Secondly, it studies the legal mechanism of Navy participation in Coast Guard law enforcement and analyzes the legal basis and mode of Navy participation in Coast Guard law enforcement. Finally, it raises some problems of Navy participation in Coast Guard law enforcement under current situation.Part V comes up with the countermeasures and proposals on the basis of the above the research work. In this section, the author put forward specific solutions to improvement of Coast Guard system, respectively from the viewpoint of organization law, procedural law and cooperative law enforcement.