Research On The Connection Between Administrative Law Enforcement And Criminal Justice For Illegal Fishing Of Aquatic Products At Sea

The sustainable development of marine fisheries is related to the balance of marine ecological environment.However,driven by the interests,illegal fishing of aquatic products at sea is prohibited repeatedly,which causes serious damage to marine fishery resources in China,and some fishing grounds turn on the red light of desertification.Obviously,relying on marine fisheries administrative law enforcement is not enough to form a deterrent,for serious cases should also be transferred to the criminal justice organs,criminal sanctions in accordance with the law.However,at present,there are many problems in the connection between administrative enforcement and criminal justice of illegal fishing of aquatic products at sea,which leads to the failure of criminal law to play its effective disciplinary and regulatory functions,and the activities of illegal fishing of aquatic products are still rampant.Based on this,the author mainly through the literature research,empirical analysis,comparative research and other methods,to study the administrative law enforcement of illegal fishing aquatic products at sea and the connection of criminal justice,trying to find out the existing dilemma,analyze the causes of the dilemma.And find out the solution.In addition to the introduction and conclusion,the main body of this paper is as follows: The first part,through empirical investigation,examines the dilemma between administrative law enforcement and criminal justice of illegal fishing aquatic products at sea.The present situation of criminal justice shows that the total number of criminal cases of illegal fishing of aquatic products at sea is small;there is no case before 2013,and the number of cases after 2013 is on the rise,which leads to the confusion that there are cases that are not pursued or have no cases to catch up with.The results of further investigation on the maritime and fishery departments and maritime police departments in F province reflect the dilemma of fishery administrative law enforcement department in the process of convergence,such as no investigation or punishment instead of punishment,some cases are difficult to investigate and some cases are difficult to transfer and so on.Maritime police departments have few sources of cases,lack of evidence to file the case and other dilemmas.These dilemmas,to a certain extent,have caused a case to be missed.The second part,separately from the maritime illegal fishing aquatic products administrative law enforcement and the criminal justice connection legislation is insufficient,the existing maritime law enforcement system is uncomfortable,Probe into the dilemma of the connection between administrative law enforcement and criminal justice in three aspects: weak supervision of administrative law enforcement and criminal judicial connection of marine illegal fishing aquatic products.The third part examines the administrative law enforcement and criminal justice related investigation modes in the United States and France respectively,and finally summarizes three useful enlightenments: optimizing the investigation system;prior intervention by procuratorial organs;realizing the sharing of information.In the fourth part,in order to promote the connection between administrative law enforcement and criminal justice of illegal fishing aquatic products at sea,the author puts forward three ways to perfect it,that is,to perfect the joint legislation of the execution of illegal fishing aquatic products at sea.We will improve the maritime law enforcement system and implement the cohesive supervision system.