Haiyang Kaifa yu guanli (Feb 2024)

The Dilemma and Countermeasures of Maritime Administrative Law Enforcement of China Coast Guard: Take the first public interest lawsuit on marine ecology of China Coast Guard as an example

  • Xiumin JIANG,
  • Xiao SUN

Journal volume & issue
Vol. 41, no. 2
pp. 71 – 79

Abstract

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The ocean is a strategic location for high-quality development, and marine ecological environment protection is a guarantee for sustainable marine development. In 2018, China Coast Guard was reorganized and established to carry out maritime rights protection and law enforcement duties. As an important part of maritime rights protection law enforcement, maritime administrative law enforcement plays a core role in safeguarding the maritime rights and interests and maritime security order of China. Based on the first public interest lawsuit on marine ecology of China Coast Guard, this paper analyzed the current situation and predicament of China Coast Guard′s maritime administrative law enforcement work from the perspective of marine ecological environment protection, based on the theoretical basis of the Maritime Police Law of the People′s Republic of China and the Administrative Penalty Law of the People′s Republic of China, and put forward countermeasures for further development of maritime administrative law enforcement work. It included improving the rapid handling procedures of maritime administrative penalties, standardizing the exercise of the discretionary power of maritime administrative penalties, improving the administrative enforcement procedures of maritime law enforcement, enhancing the scientific and technological ability of sea control, and strengthening regional cooperation, so as to promote the administrative law enforcement of China Coast Guard to the direction of high efficiency, standardization and specialization.

Keywords