The Reform Of China's Border Administration And Law Enforcement System

China is a coastal defense power with a long history,and wide territory,there are more than 22,000 kilometers coastline and over 18000 kilometers in land border.China has the most neighboring countries and the longest land border also;its boundary is one of the most complicated.Coastal defense involves many administrative departments of the military,according to "the national defense law" by the unified leadership of the central military commission coastal defense.It is included the coastal defense committee by the country,foreign affairs,public security border forces,China sea police department and the ministry of public security of exit and entry administration bureau and other units.This paper mainly focuses on the administrative border management.The present border management mode origin from the early frontier defense system,influenced by the former Soviet union pattern,after several adjustments and improvement,the administrative integration mechanism,namely the military defense before,gradually evolved into a military defense and administration of divide-and-rule system,mainly dominated by the ministry of public security,multi-sectoral participation,still has strong paramilitary color;its function can be divided into three categories: border management,entry& exit frontier inspection and law enforcement at sea.Since the 1980 s,out of maritime law enforcement and the rights of real need,the other ministries have established by the state oceanic administration and surveillance team,maritime bureau,ministry of agriculture fishery department,the ministry of communications,customs anti-smuggling department of the functional departments,etc.Therefore,the characteristics of the industry management system present more decentralization with the basis of the growing perfection.At this point,the border management system of our country by original unified management model into a DE factor separation management model on land or sea.As well as the judicial system and other administrative law enforcement system,the existing border administration and law enforcement system inevitably exist many problems,such as the missing of current border management and law enforcement,contradictions between really do it governance and control in accordance with the law,conflicting policies from different departments,double system of the national entry-exit frontier inspection,unreasonable active service and professional setting,poor co-ordination,etc.In order to figure out of those problems,since2013 by the Maritime Law come into power,the integration of the state oceanic administration and surveillance team,the ministry of agriculture's fishery bureau,the ministry of public security border protection(coastguard units),the general administration of customs anti-smuggling bureau and bureau of the People's Republic of China coast guard into a new institution,the dispersion of law enforcement situation come to end,but there are still exist many management and the lack of law enforcement.In this paper,base on the problem orientation,focuses on the administrative and law enforcement system reform on our country's border systematic.First of all,from the theoretical knowledge and practical experience in the current border administration system and enforcement mechanisms,obtained the analysis of this problems existing in the current system.In addition,because of the characteristic of the border management activities,public security,foreign affairs,military,and overlapping of central and local powers,atresia and complex the whole border management system,there are few familiar with the academic circles study.Moreover,the adjustment of the border of the administrative system reform involves many departments,overall reform resistance is bigger,so the relevant contents of the reform more with the method of internal discussion,scholars did not make an in-depth discussion and research.The present research results,the academic research for maritime administrative system reform is still seldom focus on border management system reform as a whole.Secondly,with China's national conditions as the basic foothold,from national defense and the army,the judicial system,the administrative law enforcement system and the super-ministries reform direction,in trend of the frontier of our country the construction of the overall situation analysis,in order to the construction of frontier defense at home and abroad,status and characteristics were analyzed.Finally,from the perspective of constructing the "border" system,discusses the border administration,law enforcement theory idea and countermeasure of the reform.