China National Marine Reform Of Administrative Law Enforcement Research

For human beings, ocean is closely related to their lives and closely linked. With rapid growth of the world economic, human exploitation and utilization of the ocean are increasingly frequent and many countries pay more and more attention to the marine rights protection. Now the world’s main development trends are:to formulate the basic law for ocean activities, to establish comprehensive marine law enforcement systems and to build specialized maritime law enforcement agencies. On March10this year, the program of the State Council’s institutional reform and functional transformation has been deliberated and got passed at the meeting of the second session of the National People’s Congress. The program integrates the State Oceanic Administration, the National Maritime Surveillance, the Border Maritime Police of the Ministry of Public Security, the Chinese Fishery Administration of Ministry of Agriculture and the Anti-smuggling Police of General Administration of Customs, reorganizes the State Oceanic Administration which is managed by Ministry of Land and Resources. The State Oceanic Administration carries out maritime rights enforcement under the Ministry of Public Security’s operational guidance, with the name of the Administration of Chinese Maritime Police. The program also proposes to set up a high-level deliberation and coordination agency called National Oceanic Commission, which is responsible for the study and formulation of national oceanic development strategy and the co-ordination of marine significant matters. It will completely resolved the problems of maritime law enforcement forces dispersed, repetitive inspections and redundant construction in the past, and effectively change the low efficacy of the marine law enforcement and the insufficient of right-maintained ability.Basis on the study of the problems in our country’s marine law enforcement and analyzing the main causes, the thesis combines with mature experience of other countries, to inquire into the feasible modes for the national maritime law enforcement force integration under current situation. Hope the study can provide some help to the reform of our country’s marine law enforcement. The article includes six chapters:In the first chapter, it analyzes the current study situation of this problem in today’s world and points out the importance of establishing and improving the maritime law enforcement. The second chapter analyzes the administrative law enforcement and elicits the basis theory of the maritime administrative law enforcement, to form an integral understanding of the maritime administrative law enforcement. In the third chapter, it elaborates the present situation of our country’s marine law enforcement, to get the integral understanding of our country’s marine law enforcement and coming out the existent problems, through analyzing the current situation of legislation, marine law enforcement team and marine law enforcement system. The fourth chapter analyzes foreign countries’maritime law enforcement situations include Japan, South Korea and Singapore’s marine law enforcement systems, marine legislations and specialized marine law enforcement agencies, to find out experience which can be used in our country. The fifth chapter put forward the reform direction of improving maritime law enforcement, include promoting the awareness of marine protected, accelerating the marine legislation and improving marine law enforcement systems. The sixth chapter is the emphasis of this article. It put forward the specific envisions and analyzes their feasibility for the maritime law enforcement force integration. That is to construct active service system as the main and career system combining’s paramilitary maritime law enforcement force with the police power. At the same time, to make use of the experience of selected units to promote work in the entire area, and strive to exert the agency, personnel, equipment and infrastructure integration’s best effect, to lay a solid foundation for the realization of national maritime strategy.