Resolving administrative disputes at the source, administrative and judicial organs join hands to protect the blue ocean
To further implement the concept of “active justice” in the new era, strengthen litigation source governance for sea-related administrative disputes, and form a synergy for the protection of the marine ecological environment, on May 15, Haikou Maritime Court and Qinglan MSA held a joint meeting and Party Day activity for promotion of positive interaction between sea-related judicial and administrative organs and protection of marine ecology. Both sides exchanged opinions and had discussions in respect of litigation source governance and diversified resolution of sea-related disputes.
At the meeting, participants studied the important statements of General Secretary Xi Jinping on exercising law-based governance in all fields and the Regulations on CPC Disciplinary Action, briefed on the major work on sea-related law enforcement and marine ecological conservation in recent years, and discussed the unsolved problems, difficulties, and precautionary measures. Both sides reached a consensus on the future work in promoting procedure-based law enforcement and enhancing litigation source governance and diversified resolution of disputes.
Heads of relevant divisions of Haikou Maritime Court introduced the circumstances and major problems of administrative disputes in recent years in which maritime safety administrations were involved. They offered suggestions in three respects. First, administrative organs should improve the procedures for administrative law enforcement, and strictly observe the statutory procedural requirements for case filing, investigation, disclosure, legal review, and service of documents, to ensure compliance in law enforcement. Second, administrative organs should strengthen litigation source governance and procure thorough resolution of administrative disputes. They should also enhance self-rectification and self-review to ensure that administrative disputes are resolved thoroughly. Third, administrative organs should follow due procedures when applying for enforcement of non-contentious administrative cases. They should set clear method of payment when making an administrative penalty decision, pay attention to the critical timelines, such as when an administrative penalty decision takes effect, when the right to sue expires, and when the application for enforcement expires. Administrative organs should give reminders to the parties and apply to the court for non-contentious enforcement in a timely manner.
Zhu Wenhai, head of Qinglan MSA, responded that MSA would continue to apply systems thinking and thinking in terms of the rule of law, enhance collaboration with other sea-related administrative organs in law enforcement at sea and special campaigns against illegal acts, and perform the governance and service function of MSA to manage, control and preserve the ocean in a law-based, science-based and ecological way. The MSA would also enhance and improve law enforcement collaboration with other sea-relate law enforcement organs in the transfer of cases, to maintain high pressure against illegal activities at sea and bring out the full effect of comprehensive management of the sea.
The meeting also covered some issues in judicial practice like ship sales, towage at sea, and crackdown on illegal vessels (those not displaying names or call signs, with no certificate and not registered). Both sides agreed that in the future they would maintain communication and in-depth talks, draw on experience from each other, expand collaboration between maritime judicial and administrative organs, and step up efforts to resolve administrative disputes.
In the next step, Haikou Maritime Court will continue to take Party building as the support, fully perform its maritime judicial duties, and engage in routine positive collaboration and interaction with administrative organs, with an aim to enhance the governance of litigation source for marine environmental protection disputes, establish a work pattern to engage diversified participation for protection of the marine ecology, and safeguard the green development of the ocean economic of Hainan Province.