A Study On The National Right Of Marine Administrative Law Enforcement To Foreign Ships And Aircraft

The thesis consists of introduction, conclusion and body which contain four parts, with a total of twenty-seven thousand words.Introduction:With reorganization of China’s State Oceanic Administration and the weak marine law enforcement system, there is a severe shortage of legislation supply in marine law enforcement. The research in China is still at the initial stage. However, China faces the most competitive maritime rights jockeying. State marine administrative enforcement is the method often used in ocean control, with the Gripper effect.Part One:The basic theoretical issues of State marine administrative enforcement. The right of state marine administrative enforcement is the power or authority of state marine administrative enforcement. The latter is the practice of the former. They are the combination of intension and extension. The judicature of the State marine administrative enforcement is the state organs authorized by law, usually identified by law enforcement tools such as government warships and aircrafts. The State marine administrative enforcement is aimed at ships and aircrafts especially foreign ships and aircrafts including the people and things in there, but with an exception. Foreign government warships and aircrafts have different degrees of sovereign immunity in different seas.Part Two:The basis of State marine administrative enforcement. It mainly refers to the sea rights in different sea areas of state guaranteed by NUCLOS and China establishes and protects the rights according to the legislation. Right of territorial sea and its exception, particular matter jurisdiction over the contiguous zones, sovereign rights, jurisdiction and other rights over the exclusive economic zones, sovereign rights and jurisdiction over the continental shelf, exceptional jurisdiction over the high seas. Country’s maritime rights and interests define its legislative authority.Part Three:Ways to implement the rights of State marine administrative enforcement. They mainly refer to sea cruise, supervision, security, environmental management; administrative license; close, boarding, hot pursuit and use of force; coercive measures such as penalties, fines, detention, arrest, confiscation, instituted judicial proceedings, etc. There are specific program compliance requirements for these methods. They are respectively applied in different matters in different waters, having an inherent relationship with the national marine rights and interests. Otherwise it will be unauthorized or override law enforcement.Part Four:China’s administrative enforcement system and its perfection. With a thorough examination of maritime rights legislation and rights enforcement system, a research is conducted into their deficiencies. Based on the normative and institutional experience of national maritime rights establishment and marine administrative enforcement in typical countries, some suggestions are proposed about how to perfect legislation and administrative system in China.Conclusion:According to UNCLOS, global oceans could be divided into several waters with different legal status, and countries enjoy certain rights and interests in different waters. The implementation and enforcement of State maritime administrative enforcement is the "gripper" to maintain maritime rights and interests and to ensure the marine safety. With our country’s increasing dependence on the sea and the increasingly fierce sea power struggle, our country needs to perfect its marine legislation and regularly conduct activities of maritime rights protection and law enforcement.