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Research On The Administrative Regulation Of Fishing Vessel Accident Investigation

Posted on:2021-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:H M HuFull Text:PDF
GTID:2416330629482470Subject:Law
Abstract/Summary:PDF Full Text Request
China's fishery industry has a large scale and many fishermen are employed,but there is little research on the investigation of fishing boat accidents.Although fishing vessel accident and other accidents,will bring casualties and property losses,but also has its own characteristics.fishing vessel accidents are more complex,more diverse and more dangerous,the accident site is difficult to maintain,the site inspection is more difficult,fishermen are generally low level of education,low threshold of employment,high risk,accidents,accident investigation challenges,investigation behavior is difficult to be supervised and restricted,the legitimate rights and interests of the parties are difficult to maintain.This paper attempts to use the methods of Comparative Analysis,Literature Research and Empirical Research,and other accident research methods and results for reference from the perspective of Administrative Law,according to the actual situation of fishing vessel accident investigation and the experience of fishing vessel accident investigation,this paper studies the administrative regulation of fishing vessel accident investigation.By consulting the literature,analyzing the status quo of the accident investigation,sorting out the relevant lawsuit cases,and combining the years of experience in the investigation of fishing vessel accidents,the paper points out the problems existing in the investigation of fishing vessel accidents.In the investigation of the fishing vessel accident,there are still acts of not strictly following the procedure of the investigation,abuse of discretion,lack of a sound challenge mechanism,ineffective supervisory mechanism,lack of a review system for investigators,and irregular composition of the accident investigation team,the production and service of the investigation report is in violation of the rules and regulations,and there are disputes about the legal nature of the investigation and the difficulty of relief.In view of these problems,it is of great theoretical significance and practical value to put forward corresponding countermeasures and suggestions.The main content of this article includes five parts.The first part is the introduction,mainly introducing the research significance,research background,research innovation and research methods of this paper,and sorting out the previous research results through literature review.The second part of the content for the fishing vessel accident investigation behavior summary of relevant theories,including fishing accident investigation behavior and the main body of the definition,principles and procedures,characteristics and legal nature,the author through the analysis of relevant literature,combining the feature of investigating behavior,think accident investigation behavior is quasi-administrative action.Third part for the fishing vessel accident investigation system and the problems of investigation behavior,by studying literature,collect related cases,combined with practical work experience,fishing boat accident investigation the existing problems.Mainly for the fishing vessel accident investigation system is imperfect,the irregular procedure of investigation,and the lack of relief way.The fourth part is the Suggestions on the administrative law regulation of fishing vessel accident investigation,trying to solve the existing problems through legal regulation.The main measures are: improving the relevant system of accident investigation,improving the investigation procedure,improving the remedy approach and system,etc.The last part of the part is the conclusion part,summarizes the research results of the article,insufficient research and the prospect for future research.
Keywords/Search Tags:Fishing Vessel Accident, Investigation, Investigation Team, Administrative regulation
PDF Full Text Request
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