Research On Administrative Law Enforcement In Offshore Wind Power Sea Area

With the intensification of climate change,more and more countries are realizing that non renewable fossil fuels need to be reduced in order to reduce carbon dioxide emissions.In this context,wind power has achieved tremendous development,and offshore wind power,as a branch of wind power generation,occupies an important position in wind power generation.The rapid development period of offshore wind power in China stems from technological progress and the stagnation of onshore wind power development.At the same time,the rapid development period of offshore wind power generation overlaps with the reform of China’s marine law enforcement system in terms of time points,as the reform of the marine law enforcement system inevitably has a huge impact on the law enforcement of offshore wind power projects,which needs to be clarified.In the post institutional reform era,whether the law enforcement issues of offshore wind power generation can be straightened out also represents whether other marine law enforcement issues can be straightened out.On this basis,if the law enforcement issues of offshore wind power generation can be straightened out and solved,it means that the difficulties and bottlenecks in China’s marine law enforcement system can also be straightened out and solved.Firstly,it is the core essence of administrative law enforcement in offshore wind power areas.The concept and complexity of administrative law enforcement in offshore wind power areas determine that offshore wind power projects are different from other sea use activities.Through the analysis of the entire production and operation process of offshore wind power projects,the specific boundaries of administrative law enforcement in offshore wind power areas are clarified.Secondly,it is to sort out the administrative law enforcement pattern of offshore wind power areas after the reform.The 2018 reform changed the logic of the ocean management and law enforcement system,changed the approval body and regulatory and law enforcement body of offshore wind power generation,and specifically constructed the law enforcement pattern at the central and local levels.The central level has established a direct law enforcement model for maritime police and maritime affairs,with the Ministry of Natural Resources and the Ministry of Ecology and Environment serving as industry departments for offshore wind power generation management to supervise and enforce the law.It was also concluded that at the local level,according to different reform plans,there are three models: institutional reform,administrative delegation,and transfer of powers.Although local natural resources departments and ecological environment departments are theoretical law enforcement entities,local comprehensive marine law enforcement teams are actually the main law enforcement entities.Once again,the insufficient administrative law enforcement in offshore wind power areas and its causes were analyzed.After the institutional reform,there were conflicts in the jurisdiction of central and local departments in the enforcement of offshore wind power due to the lack of clear standards for the division of central and local jurisdiction.The reform model resulted in inconsistent investigation and punishment subjects,a lack of top-level design led to a lack of coordination mechanisms between departments,and a lack of understanding of the law enforcement needs of local industry authorities,resulting in difficulty in covering post supervision in offshore wind power incidents.Finally,corresponding improvement suggestions were proposed.Firstly,it is necessary to clarify the division of law enforcement authority between central and local governments from multiple aspects and perspectives,and then abandon the administrative commission law enforcement model.On this basis,a cross departmental law enforcement coordination mechanism should be established,and various industry regulatory departments should have corresponding law enforcement capabilities.There can be multiple models.