Several Considerations of Forming United Marine Administrative Law-Enforcing Institutions in China

Several Considerations of Forming United Marine Administrative Law-Enforcing Institutions in China

  중국은 해양 대국이지만, 지금까지 이에 상응하는 해양행정법 집행역량을 갖추지 못하고 있다. 특히 해양행정법 집행기능이 여러 기관에 분산되어 있어서 해양에 대한 통일적이고 체계적인 관리가 힘든 실정이다. 이를 극복하기 위해서는 효율적이고 강력한 중앙관리체계의 구성과 이에 상응한 해양행정법체계를 구축해야 한다. 본 논문에서 중국의 해양행정법 집행기관의 현주소와 문제점, 해양행정법 통합집행기관의 필요성 및 전망에 대해 고찰한다.

  China is known for its vast sea area, but for the lack of relevant marine law enforcement, the interests of Chinese ocean trade have been encroached for a long time. At present, the Chinese marine administrative law-enforcing institution falls short in carrying out its obligations and enforcing the law because there are too many chiefs in this execution system and its dispersed functional institution. Therefore, this marine administrative agency hardly meets the requirements of United Nations Convention on the Law of the Sea to handle the marine administrative affairs in great quantity for their comprehensiveness. So the enhancement and improvement are necessary in this field. Nowadays, it is very dangerous that there are no powerful marine law-enforcing personnel for general management at sea. According to the author, the general management is to form a shrewd and capable, forceful and high-effect central authority management system, as well as organized marine law-enforcing personnel which fit in with the system. Therefore, to build up a powerful marine administration system is imperative for the sake of protecting oceanic environment and maritime rights and interests effectively in a united multi-function way. This paper provides an overview of current situation and problems of marine administrative law-enforcing institutions, discusses the necessity of forming united marine administration law enforcement system, and puts forward several considerations of forming united marine administrative law-enforcing system.