Rethinking On The Separation Mode Of Decision-making Power And Law Enforcement Power In The Ocean Management

In 2018,the first meeting of the National People's Congress approved a programme of the reform of the State Council and the transformation of its functions,indicating that the ocean management system will enter into a stage of transformation.By using the method of system structure analysis,the organization and allocation of authority of ocean management is reduced to the relative,absolute or limited separation mode of decision-making power and law enforcement power.In addition,this paper also makes an analysis on the problems and causes which obstructs the construction of the law of the ocean under the current separation mode of ownership.The author believes that there are two kind of ways can be used,one is the allocation of power science,another is power co-ordination mechanism.On the one hand,on the basis of the theory of power allocation,this paper analyzes the interrelated factors of maritime power.On the other hand,based on the theory of power co-ordination,this paper conceives a system for the construction of integrated mechanism involving various types of cases of multiple departments law enforcement in the ocean.The allocation and integration of the decision-making power and the law enforcement power form a dialectical unity of opposites,providing a theoretical basis for the construction of the law of the ocean and providing a perfect path for the allocation of the power of ocean management.In the first part,in accordance with the power list of the original ocean management department,this paper defines the administrative law enforcement power as decision-making power,law enforcement power and supervision power these three categories,and describes the concept and characteristics of the decision-making power and law enforcement power in detail.Based on this classification,in the second part,it divides the ocean management mode into three separated parts and makes an analysis on the causes and deficiency of them.In the third part,with the combination of allocation experience of these two powers of local governments in Zhoushan and Quanzhou and the important discussion of "improving the decision-making mechanism in conformity with law,constructing a powerful operation mechanism for decision-making,scientific implementation and strong supervision" in the 19th session of national congress of the communist party of China,the theory of law is summed up as the theory of power allocation.In the last part,based on the allocation of decision-making power and law enforcement power,as well as the construction of coordination mechanism of law enforcement power.