Analysis On The Ways To Improve The Law Enforcement System Of China Coast Guard

With the development of the marine economy,various coastal countries are paying more and more attention to the ocean.Some coastal countries that face China across the sea are trying to occupy China's maritime rights and interests,and the frequent occurrence of illegal crimes such as maritime terrorism,smuggling and drug trafficking poses a great threat to China's maritime security and order.In order to defend the national maritime sovereignty,China has established the basic national policy of "building a maritime power" and promoted the reform of maritime law enforcement forces to form China Coast Guard.However,due to the imperfect of China's marine legal system and the lack of guidance on the organization law in the formation process,there are some problems that need to be solved urgently in the law enforcement system of China Coast Guard,which restricts the development of sea security law enforcement at sea,and it is difficult to effectively protect China's maritime rights and interests.The China Coast Guard Bureau was established in 2013 and was transferred to the Armed Police Force in 2018 to become an armed law enforcement force at sea.Prior to this article,many experts and scholars analyzed and studied China Coast Guard system before the transfer,and there were few studies after the transfer,and there was relatively little analysis on the rules and regulations of China Coast Guard's maritime rights enforcement procedures.From the perspective of administrative law,this paper introduces,sorts out and analyzes the problems existing in the law enforcement system of t China Coast Guard through organization and procedures,with a view to contributing to the improvement of the law enforcement system of China Coast Guard.The first part is the introduction.This paper introduces the current situation of China's marine security and the formation process of China Coast Guard,and introduces the research ideas and research methods of this paper.The second part is an overview of the law enforcement system of China Coast Guard.From the definition of the sea police's authority and nature to the sea police;to sort out the historical evolution of the China Coast Guard and the significance of the current reform;to explain the particularity of China Coast Guard,and to transfer from the maritime administrative functions and the sea police to the armed police force to China The nature of the sea police is defined;finally,the sea police law enforcement system is defined.The third part is to introduce the current situation of China Coast Guard law enforcement system.Define the system of law enforcement organizations of China Coast Guard in the organizational system,analyze the institutional setup,powers and relations between the sea police and other sea-related departments;on the procedural system,the procedures for maritime administrative law enforcement,maritime criminal law enforcement procedures,and maritime law enforcement The procedural rules are defined to sort out the legal basis and characteristics of China Coast Guard law enforcement procedures.The fourth part is to analyze the problems existing in the law enforcement system of China Coast Guard.In the organizational system,it is found that China Coast Guard lacks the organization law,the organizational system is not rationalized,and the supervision mechanism is lacking.On the procedural system,it is found that China Coast Guard has imperfect marine legal system,the maritime administrative law enforcement procedures are not uniform,and the maritime criminal law enforcement procedure Lack of specificity,lack of operability at special maritime law enforcement procedures,and imperfect ocean cruise procedures.The fifth part is the countermeasure part of this article.In this part,specific suggestions and countermeasures will be proposed for the problems existing in the organization and procedures of China Coast Guard.In the organizational system,it is recommended to promote the introduction of the organization law,rationalize the organizational system,and establish a supervision mechanism;in the procedural system,it is recommended to improve the marine legal system,unify the maritime administrative law enforcement procedures,supplement the maritime criminal law enforcement procedures,and refine the special law enforcement at sea.Procedures and perfecting the procedures for ocean cruises in order to improve the law enforcement system of China Coast Guard.