Research On Chinese Coast Guard Administrative Coercive Measures

In recent years,China's maritime rights and interests of neighboring countries around the sea is increasingly fierce,maritime rights law enforcement situation is becoming increasingly severe.The effective enforcement of maritime police law enforcement is of great significance to strengthen the effectiveness of China's maritime law enforcement.Police administrative coercive measures is the concrete implementation of compulsory administrative measures in the field of police law enforcement,it refers to the coast guard in the foreign rights and in the process of law enforcement,in order to maintain the order of China's marine sovereignty and maritime control,maritime dangerous expansion,to prevent or stop maritime violations occur,according to the relevant domestic and international law and China has concluded,in the relevant international conventions,temporary restrictions on domestic or foreign ships,aircraft and other property and related personnel and other measures.The full implementation of the maritime police administrative coercive measures is very important for the maintenance of China's marine order and protection of China's maritime rights and interests.In 2013,according to the twelve National People's Congress approved the "State Council institutional reform and functional transformation plan" and the "Office of the State Council on the issuance of the State Oceanic Administration,the main functions of internal structure and staffing requirements",China police have been initially formed,was founded,the integration of the original Chinese surveillance,public security,customs,border police Chinese fishery anti smuggling four law enforcement units,the implementation of maritime law enforcement.However,there is no clear legal basis for the establishment of China's maritime police bureau,the existence of institutional first,legislative lag,the inherent drawbacks.Moreover,the maritime police administrative enforcement measures of the legal basis,the specific implementation details are needed to further clarify and standardize.In this paper,the maritime police administrative coercive measures as the core,mainly in the following aspects:The first part discusses the basic theory of China's maritime police administrative coercive measures.Based on the theories of administrative coercive measures,the current academic circles on the China police concepts are introduced,making a definition of concept of police administrative enforcement measures,and the subject,object and characteristics were analyzed,pointed out that the police administrative enforcement measures particularity.The second part of the combination of the establishment of China Police Bureau,expounded China's maritime police administrative compulsory legal basis for the implementation of measures,including domestic law and international law basis,and police compulsory administrative measures for the implementation of various laws and regulations in different waters.The third part of the combination of "People's Republic of China administrative law enforcement" classification of compulsory administrative measures,introduces the types and forms of China's maritime police compulsory administrative measures,including restrictions on personal property,limitation of administrative compulsory measures of compulsory administrative measures and other administrative coercive measures.The fourth part of the maritime police compulsory administrative measures and legal basis,the types and forms of arrangement,pointed out that the factors related to maritime police system of compulsory administrative measures should be considered,including the police compulsory administrative measures and legal basis,subject,procedure and relief system etc..The fifth part is mainly combined with the maritime police administrative compulsory measures need to consider the factors,put forward some suggestions to reconstruct the maritime police administrative coercive measures.