On The Issues Of Administrative Enforcement Of Law In Defending Maritime Rights In China

The 18 th National Congress of the Communist Party of China puts forward the strategic goal of building a maritime power.In 2014,the government work report made clear arrangements for the marine development: adhere to the coordinated land and ocean strategy,fully implement the ocean strategy,develop the marine economy,protect the marine environment,safeguard the maritime rights and interests of the state,and build a maritime power.China is a large maritime country,but not a maritime power.Due to the weak marine rights,China's research on marine rights falls far behind that of other developed countries.As a result,a vast majority of the Chinese legislation is only based on international treaties or the laws of other countries.Also,most are regulations in principle,and there are no relevant laws and regulations.These are not feasible and there are great difficulties in the actual law enforcement process.After all,many concepts of the domestic law are different from international conventions.Since there is no supranational law enforcement agency for international conventions,which only have a declarative and guiding role;however,a country's domestic law must be highly operational to play a proper role.In November 2013,the State Ocean Administration was reorganized and the China Maritime Police Bureau was set up to safeguard China's maritime sovereignty.China Maritime Safety Administration still retains its original structure and functions.However,China Maritime Police Bureau is still in the process of re-combination and China's marine law enforcement system also remains unclear.Moreover,China's maritime law enforcement legislation has its shortcomings.Many substantive and procedural laws prescribe simple regulations and the legislative level is low.It is inadequate to deal with China's severe maritime safety problems and to meet China's needs for maritime law enforcement.Therefore,it is of great practical significance to strengthen the administrative law enforcement of maritime rights in China.Mainly using literature research and the legal interpretation theory as the methods,this article explains the legal basis of marine administrative law enforcement in China.It analyzes the problems existing in China's maritime administrative law enforcement and the related system;the lack of authority of the maritime police organs in China and the shortcomings of China's maritime administrative supervision system.It also studies the maritime power law enforcement forces in the maritime powers,such as the United States,Russia,Britain,and South Korea.Finally,it sums up the experience about how to improve the legal system for safeguarding the marine rights of China.With the institutional innovation as the starting point,this paper attempts to change the originally scattered maritime law enforcement agencies,and set up a joint maritime law enforcement mechanism;and endow the police authority on the maritime law enforcement agencies and their personnel.It addresses the problems in the existing system,and amends the maritime laws and regulations,reforms the maritime administrative law enforcement team,sets up an integrated maritime management mechanism,and establishes the maritime administrative agency with higher authority,with a view to building China's maritime rights enforcement power into a modern,efficient,and unified law enforcement team.