China Maritime Safety Administration’s Rights Protection Law Enforcement At Sea

Entering the 21st century, development, utilization and research activities of ocean is increasingly frequent.Understanding, protection and emphasis of ocean is unprecedented. With the United Nations Convention on the law of the sea and the IMO’s maritime convention revising ceaselessly, the coastal countries pay high attention to maritime rights and interests. Our country is a big maritime power, and the maritime rights protection law enforcement is becoming a heavy work task, and new challenges.In the current changeable international situation and under the background of national strategy of "sea power", our country has an urgent need to strengthen the maritime rights protection law enforcement efforts. China maritime safety administration is one of Chinese maritime rights protection law enforcement power.It plays an important role in the protection of marine traffic safety and marine environment, and the prevention of illegal behavior at sea. After the organizational reform of state oceanic administration, the maritime safety administration and the China coast guard, as the only two law enforcement team, carry out the rights protection law enforcement activities at sea. This puts forward higher requirements on the China maritime authority’s law enforcement level.The first part of this paper is the summary of China maritime safety administration’s rights protection law enforcement at sea, and the paper studies the concept and characteristics, discusses the relationship between rights protection law enforcement and administrative law enforcement of Chinese maritime safety administration, then analyzes the legal basis of China maritime safety administration’s rights protection law enforcement at sea. And distinguish China maritime safety administration and China coast guard from the object of law enforcement, the content of law enforcement, the right of law enforcement, and the effect of law enforcement.The second part analyzes the category of China maritime safety administration’s rights protection law enforcement at sea from different sea areas, including internal waters and territorial sea, exclusive economic zone, high seas, as well as the sea areas under the jurisdiction of other countries.The third part points out four main problems of China maritime safety administration’s rights protection law enforcement at present. The first problem is Port State Control is not timely. The second one is the exclusive economic zone sea cruise law enforcement is insufficient. The third one is extraterritorial protection of Chinese ships and crew is absent. And the fourth one is collaboration with China sea police is not sound. Then analyses the reasons of the problems are backwardness of ocean rights protection law enforcement idea, lack of relevant law and conflicting interests of department.The fourth part puts forward some suggestions of perfecting China maritime safety administration’s rights protection law enforcement at sea. Consummate maritime rights protection legislation, ensure the Port State Control intervention time, pay attention to the exclusive economic zone sea cruise law enforcement, perfect the extraterritorial protection of Chinese ships and crew, and strengthen collaboration with China coast guard, and so on.