The Study On The Operation And Reconstruction Of China Maritime Administrative Law-enforcement System

The first meeting of the Twelfth National People’s Congress in 2013 passed the "Report on State Council institutional reform and transformation of government functions", the report shows that the government should reorganize the State Oceanic Administration and establish the China Coast Guard to enhance maritime law enforcement and better protect and use its oceanic resources. At the same time, China plans to establish the National Oceanic Commission as highest coordinating body. The reform marks China maritime administrative law-enforcement system has entered a new stage, and became much more concentration and integration. The reconstruction of organizational structure and functional relationships, reconfiguration of marine management, implementation and coordination are conducive to straighten and promote the effective operation of the system.So far, China maritime law-enforcement system is undergoing a transformation process, but problems that hinder system effective and flexible operation still exist. Based on the analysis of the current development situation of system, and by means of research methodology of Reinventing Government Theory and Holistic Governance Theory, the paper in-depth analysis the system and the problems that hinder the effective operation of China maritime administrative law-enforcement system from four dimensions, as organization structure, functional relationship, Institutional arrangements and the resource distribution. Furthermore, the paper attempts to put forward the countermeasures to ensure effective operation of the system. The paper is divided into four parts:The first part discusses the background and reformed history of maritime administrative law-enforcement system, and analyses the related concepts and definitions and theoretical tools involved in the research.The second part carries out research and analyses the problems that affecting the operation of the system after reconstruction form organization structure, functional relationship, institutional arrangement and resource distribution in four dimensions.The third part describes the latest maritime system and maritime law-enforcement forces of the United States, Japan and South Korea, which makes available to optimize the development of China maritime system as reference.The fourth part puts forward to the countermeasures that ensure effective operation of China maritime administrative law-enforcement system. Based on the principles of coordination and order, parallel and combination of centralization and decentralization, the paper puts forward the following measures of optimizing maritime organizations structure, establishing the marine law-enforcement coordination mechanism, consummating the marine legal system and arranging reasonably marine resources to build the integrated system of the maritime law-enforcement system.