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Research On Delimitation Of Administrative Law Enforcement Authority Of China Coast Guard

Posted on:2016-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q TianFull Text:PDF
GTID:2296330470478633Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China is rich in marine resources, but it is not a maritime power. Safeguarding international maritime interests and security is concerned with China’s fundamental interests and long-term interests. In order to achieve the great rejuvenation of the Chinese nation, China must fully implement the maritime power strategy. Guarantee of the national security enjoys the top priority in the process of implementing the maritime power strategy. In the context of the United Nations Convention on the Law of the Sea (hereinafter referred to as the Convention), each state has taken its stand on maritime law enforcement and declared its territorial sovereignty. China has also fully realized the great importance of maritime rights for national development, so it has issued a number of sea-related laws, administrative regulations and departmental rules and regulations, and set up China Coast Guard. The State Oceanic Administration, on behalf of China Coast Guard, implements maritime right safeguarding and law enforcement, and receives professional guidance from the Ministry of Public Security. It is of great significance to identify the maritime administrative law enforcement authority of China Coast Guard, as the maritime administrative law enforcement department of China, for implementing China’s maritime power strategy.First of all, starting with definitions to maritime administrative law enforcement authority and its subject as well as background and existence significance of China Coast Guard, the author elaborates basic theories of maritime administrative law enforcement authority and figures out the enforcement scope of the maritime administrative law enforcement authority of China Coast Guard, to lay a foundation for the delimitation of the maritime administrative law enforcement authority of China Coast Guard. Secondly, based on an investigation of "the Conventions" and relevant laws in China, work is done to analyze the maritime administrative law enforcement authority of China Coast Guard, and then identify the maritime administrative law enforcement authority of China Coast Guard on legal ground. Thirdly, the maritime administrative law enforcement authority, the maritime criminal law enforcement authority and sovereignty safeguarding authority are differentiated and analyzed. Moreover, scopes of the maritime administrative law enforcement authorities for China Coast Guard, China MSA and other departments are differentiated to further delimitate scopes of maritime administrative law enforcement authorities. Lastly, according to the above analysis of the maritime administrative law enforcement authority of China Coast Guard of China, problems existing in the maritime administrative law enforcement are identified. Relevant suggestions are put forward to solve the problems from three aspects:inter-departmental coordination, legislative improvement and personnel training...
Keywords/Search Tags:China Coast Guard, United Nations Convention on the Law of the Sea, Delimitation, analyse
PDF Full Text Request
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