Research On Evidence Collection System Of Administrative Law Enforcement Of China Coast Guard

On June 22,2018,at the third meeting of the Standing Committee of the 13 th National People's Congress,the Decision on the Exercise of Maritime Protection and Law Enforcement Powers by the China Maritime Police Bureau was adopted,which entrusted the Maritime Police with comprehensive administrative law enforcement powers.However,due to the new establishment of China's maritime police,the corresponding basis for administrative law enforcement has not yet been promulgated,resulting in the ambiguity of maritime administrative law enforcement activities and confusion in evidence collection.This article hopes to sort out the problem of evidence collection through the construction of evidence collection system of maritime police administrative law enforcement.Specifically,the full text is divided into four parts.In the first part,the author defines the connotation and extension of the concepts of maritime police administrative law enforcement,maritime police administrative law enforcement evidence and maritime police administrative law enforcement evidence collection.The purpose is to clarify the boundary of maritime police in the collection of evidence for maritime administrative law enforcement under the new background of comprehensive maritime law enforcement.In the second part,the author elaborates the necessity of studying the evidence collection of maritime police administrative law enforcement from two perspectives: the practical significance of studying the evidence of administrative law enforcement and the difference between the evidence collection of maritime police administrative law enforcement and that of land administrative law enforcement.In the third part,the author elaborates the current situation of evidence collection of maritime police administrative law enforcement in China,as well as the problems such as the absence of basic law,the lack of systematic evidence collection system,the weakness of specific operability,and the copying of evidence collection system of administrative litigation in practice,the difficulty of collecting evidence in special marine environment,the inadequacy of law enforcement equipment,and the inadequacy of comprehensive law enforcement ability of law enforcement personnel,etc.Problem.In the fourth part,according to the pyramid structure,the author constructs the evidence collection system of maritime police administrative law enforcement in China,and gradually refines the rules of evidence collection from top to bottom.Firstly,the highest-ranking "Basic Law of the Sea" and "Administrative Procedure Law" are enacted.Secondly,the "China Maritime Police Law" is enacted.Secondly,the "Procedural Provisions for Marine Police Handling Administrative Cases" is formulated to make detailed provisions on evidence collection.Finally,the current maritime law enforcement norms are strengthened.According to the latest maritime police powers,the existing law enforcement basis is revised,modified,abolished and sorted out,so as to provide relevant maritime police.The establishment of administrative law enforcement basis provides the legal basis.In addition,the author also promotes the comprehensive improvement of maritime police administrative law enforcement evidence collection ability from three aspects: improving the comprehensive administrative law enforcement ability of maritime police law enforcement personnel,improving law enforcement equipment and seeking law enforcement cooperation.