Research On The Existing Problems And Countermeasures Of Maritime Administrative Punishment In My Country

The maritime administrative penalty is a specific administrative action that the maritime administrative organ punishes the administrative counterpart who violates the maritime administrative order.It is an important administrative means to maintain maritime traffic safety and prevent Marine pollution.However,with the deepening of the concept of ruling the country by law and the constant change of the situation of maritime safety supervision,China's maritime administrative penalty is more and more affected by the imperfect maritime supervision system,the imperfect maritime legislation,the scattered authority of maritime administrative penalty and the low professional quality of maritime administrative penalty personnel.This kind of adverse influence makes it difficult for maritime administrative punishment to meet the practical needs of maritime safety supervision,and also brings high law enforcement risks to the maritime law enforcers.Based on the above background and the status quo,this article from the present situation of China's maritime supervision as the breakthrough point,on the basis of the theory of organizational change,partial flat organization theory and dissecting the theory,through the literature research,comparative analysis,case analysis and other methods,to study and put forward the problems existing in the maritime administrative punishment in our country,the improvement of the maritime administrative punishment for the future put forward some Suggestions.This paper mainly discusses from the following aspects: First,it introduces the purpose and significance of the study of maritime administrative punishment in China,the research results,research contents,theoretical basis and research methods at home and abroad.Secondly,starting from the basic concept of maritime administrative penalty,this paper elaborates the characteristics and basic principles of maritime administrative penalty and sorts out the types of maritime administrative penalty,and makes clear the connotation of maritime administrative penalty.Third,from the implementation of maritime administrative penalty,maritime supervision system,maritime law and maritime law enforcement team four aspects,a comprehensive analysis of the status quo of maritime administrative penalty in China;Fourthly,taking Shandong Maritime Safety Bureau as an example,this paper points out the problems and reasons of the imperfect maritime supervision system,imperfect maritime legislation,scattered authority of maritime administrative punishment and low professional quality of personnel in maritime administrative punishment.Fifth,a comprehensive study of the United States,Japan,Germany and other developed countries maritime regulatory system,legal system and punishment system,in order to learn from their experience;Finally,the paper puts forward some suggestions on perfecting the maritime administrative punishment in China from the aspects of perfecting the maritime supervision system,perfecting the maritime legislation,centrally exercising the power of administrative punishment and improving the professional quality of the personnel in maritime administrative punishment.