The Theory Of The Fishing Boat Fuel Subsidies Enforcement

Fishing boat fuel subsidies is the state council in 2006 decided to use motor fishing vessels engaged in fishing and aquaculture production fishermen and fishery enterprises make a sunshine policy benefit millions of fishermen. This HuiYu policy implementation for eight years, has obtained the good social effect, at the same time, also to the maritime court enforcing crew labor contract disputes and facilitate the dispute cases on compensation for personal injury at sea. In practice, however, because of the nature of the fishing boat fuel subsidies is still not settled yet, whether the executable, and how to implement the lack of unified standards, so that the fishing boat fuel subsidies enforcement appeared many problems in the process. In this paper, namely to these problems are discussed.This paper mainly includes four parts:the first part briefly introduces fishing boat fuel fill overview, fishing subsidies on fuel system policy, the time is late, the background is more special, along with the changes in the international oil prices and survival, although there are uncertainties in the future, but its existence inevitably has its value, this article from the perspective of judicial to recognize and analyze the fishing boat fuel subsidies, subsidies for fuel policy brief introduction, for the following analysis on the nature of the fishing boat fuel subsidies to help; The second part mainly analysis the legal nature of fishing boat fuel subsidies in detail, fishing boat fuel subsidies is a kind of agricultural subsidies, subsidies existence has its particular political, economic background, the nature of the agricultural subsidies fiscal funds is through the free allowance for a form of redistribution, is one of the national administrative behavior, namely administrative subsidies, at present, our country not a system of laws, administrative subsidies to the nature of the administrative subsidies is still controversial, this also is the center of this paper, through analyzing the subsidy of the nature of law, to solve problems of the judicial practice; The third part, this paper mainly introduces the fishing boat fuel subsidies influence on court for enforcement at present stage, and through the case to tell in encountered in the process of enforcement of judicial predicament, the cause of trouble on the one hand, from the nature of the government functional departments to the fishing boat fuel subsidies distort, that is not willing to cooperate with the court execution work, on the other hand from the fishermen or fishery enterprise management of fishing and trading on misunderstanding; The fourth part mainly to the court for compulsory execution fuel subsidies problems encountered in the process of analysis, this paper discusses the fisheries management department to the court for compulsory execution fuel subsidies must assist, disputed fishing boat fuel subsidies should be enforced, including in waiting seized and employers do not agree with the ship owners both cases through to the fishing boat fuel subsidies enforcement to implement the crew ship priority; To better protect the interests of the crew, save on fuel subsidies is put forward and implement all the exclusive jurisdiction of the maritime court.