The Study On The Formation Of China’s Maritime Administrative Law Enforcement Resultant Force’ Problems And Countermeasures

In order to achieve “resolutely safeguard China’s maritime rights and interests,building marine country” ambitions. China’s maritime law administrativeenforcement need to combine laws and regulations, management system,administrative law enforcement team to Resultant Force.2013China started tore-establishment the State Oceanic Administration, and then introduced the"institutional reform of the State Council and the functional transformation plan", itdetermines the main duties of the newly formed State Oceanic Administration, theinternal organs, personnel preparation. How to bring the four marine law enforcementteams from different administrative departments of the ocean into a new group andwork together, is a gradual process, and also a major historic task. But overall, fourmarine law enforcement teams into together is only a key force of China’s marine lawenforcement forces, it does not guarantee that China’s marine law enforcement forcehas already formed.This paper argues that "marine law administrative enforcement resultant force" isa integrated force which comes from the process of building a marine country, China’smarine law enforcement body guided by marine laws and regulations, define thescope of administrative powers and rights, in a reasonable and efficient institutionalarrangements, high human capital of marine law administrative enforcement team,which collaborative and comprehensive each other, supporting material andequipment, they both integrated and use their resources to achieve the overallcoordination, to safeguard China’s maritime rights and interests, protect our marineenvironment, to deal effectively with the maritime affairs, building our marine country.The meaning of this item covers much, There are four component, one component ismarine laws and regulations, which is the basis and criterion for China’s marine administrative law enforcement, and also China’s maritime administrative lawenforcement operations guide; Second component is marine management system, atthe central level, the Maritime rights and interests of the Central Leading GroupOffice and National Oceanographic Commission coordinating high-levelco-ordination, China coast guard and Maritime Safety Administration of the People’sRepublic of China collaborate with each other, at the local level, marineadministrative law enforcement departments in accordance with local realities,exploring reform and oceans with central management system to achieve effectiveinterface between the upper and lower administrative law enforcement system. Ensuremaritime cooperation, separate decision-making rights and executive rights. Thirdcomponent is the maritime administrative law enforcement team, they both form aconsensus, a common or similar values, From ideologically promoting China’smaritime law enforcement teams integrate into a group. Fourth component is marinelaw enforcement supporting system, improve command systems, equipment resources,information technology capabilities. Maritime administrative law enforcementresultant force is an integrated force, the Determination elements of maritimeadministrative law enforcement forces are formed with the four component, first ismarine legal system elements, second is marine management system elements, third ismarine law administrative enforcement team values, four is maritime administrativelaw enforcement supporting system elements. these four elements is considered inthe global scope. these four elements’ status is equal, both are the criteria of maritimeadministrative law enforcement resultant force.Maritime law administrative enforcement force’ concept and determining factornow is clear. The paper uses Holistic Governance Theory, Engels History ForceTheory, Learning Organization theory as methodological support, and sort thedevelopment China’s marine management system, analyze the functions of maritimeadministrative law enforcement teams, on the basis of these works. This paper arguesChina’s maritime administrative law enforcement resultant force currently existingproblems from the laws and regulations aspect, the marine laws and regulations arenot enough; the maritime administrative law enforce team is lack of consensus law administrative law enforce team’s capacity is inadequate, and the State OceanicAdministration is facing complex challenges in restructuring the distribution ofbenefits; from the maritime Administrative law enforcement supporting system’saspect, the current protection of the marine law enforcement capacity still needs toimprove. These problems are mainly comes from two factors, the object and subjectfactors, this paper analyzes the internal and external factors. The external factor is ourmaritime administrative law enforcement is facing complex marine situation, theinternal factor is our marine.management system are now not straightened out.After clearly define China’s maritime law enforcement resultant force’s problems,we propose countermeasures. First, laws and regulations aspect, our domesticmarine law system needs to connect international Law of the Sea Convention andthrough the "Ocean of the Basic Law." We clearly define our maritime interests,second, marine management system aspect, we should give the coordinating role toour central coordinating body of the ocean, to establish a unified local maritimeadministrative law enforcement agencies, and properly arrange the internal interestsof the State Oceanic Administration after the reorganization; third, marineadministrative law enforcement teams’ aspect, to strengthen their learning capacity,promote their consensus, and improve China Coast guard’s personnel managementsystem; fourth, marine administrative law enforcement supporting system aspect, weneed to strengthen the construction of command system, construction of aircraft andship equipment, improve the information capacity.