On The Application Of Principle Of Proportionality In The Process Of Maritime Administrative Law Enforcement

Since it originates in Germany, the Principle of Proportionality has been developing and perfecting at the aspect of the theory and connotation in the world. Especially in the field of administrative law, it is full of great energy to spread, develop and apply, but such is not in China. Really it is a pity. Therefore, this paper starts from connotation of the Principle of Proportionality, and then a classification and summary is made about the practical problems and dilemmas in the process of the maritime administrative law enforcement, such as administrative law enforcement and broadened outcomes it causes actually, the deviation between means of administrative law enforcement and the purpose of law enforcement, the contradiction between purpose of preventing risk and burden from the administrative counterpart, improper purpose of administrative law enforcement in essence, abuse of maritime administrative discretion, the paper will probe the reasons and analyze the deviation between those problems and dilemmas and the requirements of the Principle of Proportionality on the basis of connotation of it. This paper attempts to make use of Principle of Proportionality involved in the front to deal with five kinds of problems and dilemmas ahead discussed in the process of the maritime administrative law enforcement.For the construction of administrative laws in our country, Principle of Proportionality has a very important significance, whether legislation, law enforcement or justice. On the basis of analyzing the importance of Principle of Proportionality in detail, the article lists some terms from national specific administrative laws and regulations, what is consistent with connotation of Principle of Proportionality, and put forward that the legal basis and conditions Principle of Proportionality can apply exist in the administrative rule of law of our country. And according to Principle of Proportionality, some abstract and empty concept in the legislation, law enforcement or justice of administrative laws and regulations will find a reference and comparison. It is very clear and specific to judge. Then the operating performance will be enhanced due to some certain pertinence. Some difficulties and problems will be smoothly and easily solved in the process of the maritime administrative law enforcement. From the analysis of specific provisions, our country’s administrative laws and regulations do contain the spirits of Principle of Proportionality.Through the above analysis, this article emphatically discussed some administrative law enforcement modes presently in maritime administrative penalty the Principle of Proportionality is not absent in, for example the maritime authority from destination port enforcing administrative penalty by authorization, the staff of the ship owner, operator send to directly accept administrative penalty, professional ship proxy Companies to assist the vessel to deal with administrative penalty, and self-restriction of the discretion of maritime administrative penalty. Among of them, it attempt to establish the conditions and the concrete operational modes which must be satisfied. And in combination with the specific law enforcement practice, I propose to take some safeguard measures to put the Principle of Proportionality into the effective and wide application in the maritime administrative law enforcement.