Research On Marine Administrative Law Enforcement Coordination Mechanism

Since the reform and opening up, the national economy in china has made great development relying on export-oriented economy in the past 30 years. While 90 percent international trade is completed by sea. In the 21st century, marine economy has become the new engine in world economic development. The world pay attention to marine economy increasing daily. Since 1992, when the United Nations Convention on the Law of the Sea went into force, many countries pay much attention to the maritime rights and interests. The normalization and complication of maritime disputes and safeguard maritime rights and interests has become a big issue, especially in our country. In addition to the integration of maritime law enforcement agencies to strengthen maritime law enforcement forces, strengthen the maritime law enforcement coordination mechanism has become a trend. The strategy of "To build China into a maritime power" and "Maritime Silk Route Economic belt" brought up at the 18th Party Congress of China demonstrated that the nation took marine development seriously from a national strategic perspective. The Institutional reform of the State Council and the functional transformation plan, which was approved in the 12th National People’s Congress meeting on March 14,2013, decided to restructure State Oceanic Administration of the People’s Republic of China (hereinafter referred to as "China SOA"). It presents "dualistic pattern" of China SOA and Maritime Safety Administration of the People’s Republic of China (hereinafter referred to as "China MSA") in the area of marine administrative law enforcement, which gives the opportunity to strengthen law enforcement coordination of the two organization. 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 coordination and to improve China’s marine law enforcement coordination has become an important topic. The maritime issue of "HAI YANG SHI YOU 981", shows the urgency to improve the coordination mechanism of maritime law enforcementBased on the institutional reform of the State Council on March 14,2013, combined with the practice of China’s marine administrative law enforcement coordination, from the perspective of law enforcement coordination between China SOA and China MSA, this paper is to analyze the legal issues caused by the coordination of marine administrative law enforcement as well as offer some corresponding legal suggestions.The paper can be divided into six parts:The first part is current research status and background.The second part introduces basic theory and concept in marine administrative law enforcement coordination mechanism. The writer illustrates the characteristics and concept at first, and distinguishes between oceanic administrative law enforcement and maritime safety administrative law enforcement according to the research needs to.The third part, the writer takes the marine administrative law enforcement coordination status quo between restructured SOA and China MSA as the research key, mainly illustrates the law enforcement powers and the coordination between the two parties. the paper summarizes the situation and problem of marine administrative law enforcement coordination mechanism nowadays and analyzes causes.The fourth part, includes research on law enforcement mechanism among marine institutions in foreign countries and their experience and enlightenment.The fifth part the writer offers specific legal suggestions to improve marine administrative law enforcement coordination mechanism in China.The sixth part is the conclusion.