Research On The Exemption From Administrative Penalty System In Inland Maritime Law Enforcement

In 2021,the Administrative Penalty Law added the exemption from administrative punishment system in Article 33.This system implements a people-oriented law enforcement concept,embodies the principle of combining punishment and education,and interprets the transformation of administrative punishment methods in the new era to build a good legal system.As an important link of land and water transportation,in order to promote the high-quality development of inland rivers,the application of the administrative punishment exemption system for maritime administrative penalties is a direct response to the comprehensive strategic deployment of governing the country according to law promoted by the state.Inland maritime administrative punishment is a critical measure for the administration of inland waterway affairs,playing a significant role in maintaining inland waterway traffic order and ensuring the healthy development of inland waterway transport economy.However,at present,the administrative punishment work on inland rivers and maritime waters faces a variety of problems,such as widespread violations,the reduction of penalties has become the norm,the obvious tendency of selective law enforcement,and procedural deficiencies.These problems not only make it difficult to fulfil the basic functions of general and special prevention,but also have a negative impact on the maritime administration itself and on the inland waterway transport economy.The application of the exemption from administrative punishment system to the process of maritime law enforcement in inland rivers is conducive to the needs of political law enforcement organs to improve law enforcement methods,solve problems in law enforcement practice,and complete administrative law enforcement tasks.It defines the boundaries for law enforcement personnel to exercise discretionary powers,ensuring that inland maritime law enforcement personnel do not deviate from the track of formal legalism while using the exemption from administrative punishment system,in line with the requirements of formal legalism.The exemption from administrative punishment system is applicable to inland maritime law enforcement,mainly due to unclear identification standards,irregular application procedures and misunderstanding of the use of the system by administrative counterparts.To better implement the exemption from administrative punishment system and facilitate the development of inland waterway transport,it is necessary to coordinate its practical application through improving legal norms,differentiating law enforcement targets,and optimizing the law enforcement system.At the same time,the maritime system should implement detailed policy measures,establish prudent and inclusive supervision mechanisms,utilize information technology to improve efficiency,and set up a dynamic adjustment mechanism for exemption lists to optimize the punishment methods for minor illegal acts by maritime law enforcement personnel.This will truly achieve a people-centered,human rights protection-oriented good governance concept and thus enhance the scientific,democratic,and legal level of administrative law enforcement.