Research On The Strategy Of Maritime Administrative Reconsideration And Litigation Risk Management In China

In 2014,the Standing Committee of the National People’s Congress made 61 amendments to the administrative procedure law,it was the first major amendment since the formulation of the administrative procedure law in 1989,and further amended article 25 of the new administrative procedure law in 2017.At the same time,with the steady progress of the comprehensive rule of law and the deepening of the reform of the administrative system in recent years,great changes have taken place in the national governance structure of our country,and remarkable progress has been made in the work of democracy and the rule of law.The participation of the administrative counterpart in the national governance has been increasing,which makes the number and types of administrative reconsideration and litigation cases show the trend of expansion and complexity.As the object of reconsideration and litigation,the administrative organs are faced with increasing risks,such as the responsibility of compensation and the influence on the image of government organs.Most of the administrative counterparts faced by maritime administrative organs are enterprises,and there is no lack of foreign companies.The administrative acts made by maritime administrative organs are related to the economic interests of enterprises and the economic interests generally have a large amount.In order to protect their own economic interests,administrative counterparts are more likely to file administrative reconsideration and litigation.In the face of foreign enterprises,there will even be problems in international relations.Therefore,it is particularly important to change the concept of administrative management and try to reduce the risk of administrative reconsideration and litigation at the source.By using the methods of literature research and comparative research,and from the perspective of risk management,using the knowledge of new public management theory,risk management theory and risk quantification theory,this paper makes statistics on the number,type,substantive focus and results of maritime administrative reconsideration and litigation cases in recent years,analyzes the characteristics of cases,combs out the risk points,and then analyzes the causes and effects of risk elements.On this basis,the paper constructs the maritime administrative reconsideration and litigation risk prevention and control system,and puts forward the specific response measures of maritime administrative reconsideration and litigation risk from three aspects: reducing the system element influence of maritime administrative reconsideration and litigation risk,establishing and improving the process of maritime administrative reconsideration and litigation risk prevention and control,and substantive focus response in maritime administrative reconsideration and litigation cases.Through these measures,we will try our best to minimize the risks of maritime administrative reconsideration and litigation,promote the reform of maritime administrative system,maintain the image of maritime administrative organs,and ensure the safety of navigation and maritime cleanliness.The innovation of this paper lies in the establishment of a set of maritime administrative reconsideration and litigation risk prevention and control system from the system level,process level and risk point level.The system comprehensively covers the possible risks faced by maritime administrative organs,and forms a complete response process,which can provide systematic help for maritime staff in their daily work on how to understand and respond to the risk.At the same time,in view of the common problems in the case,the paper puts forward countermeasures,hoping to provide theoretical support for solving the specific problems encountered in the actual work.