浅谈《海洋环境保护法》的行政主体

Discussion of administrative subjects in the Marine Environment Protection Law of the People′s Republic of China

各个海洋行政机关之间权限不清、职权交叉重叠已成为当前阻碍海洋管理的重要因素之一。文章梳理和回顾了《海洋环境保护法》中规定的海洋行政主体以及职责,阐述了《海洋环境保护法》中存在的多个海洋行政主体共同管理海洋的现象。多个海洋行政主体决定了我国目前以分散的行业管理为主、集中协调为辅的海洋管理体制。由于各部门之间的职权分工不明确,而海洋行政主管部门的综合管理的权威又未形成,由此带来了诸如工作相互推诿、重复执法、缺乏协调等问题,文章在分析以上问题的基础上提出了多项修改建议,以完善我国的海洋环境保护体制。

The unclear authority and overlapping powers among the various maritime administrative departments have become one of the most significant obstructive factors in the marine management nowadays. This paper, the sums and discusses of the maritime administra- tive subjects and their duties in the Marine Environment Protection Law of the People＇s Republic of China （MEPLPRC） were done. It also focuses on the multi-subjects phenomenon in MEPLPRC, there are several maritime administrative departments to execute the power of the marine management. The multi-subjects phenomenon could cause the fact that the decentralized maritime management based on different industries and supplemented by the centralized coordination. The functions and powers of various departments are in-determinate. Meanwhile, the integrated authority of the marine administrative department is lacked. And consequently, a lot of problems arise in the marine management process, such as buck-passing, lack of coordination, overlap of law enforcement, etc. According to this situation, a great deal of amended proposal is provided in this paper to consummate the marine environment protection system of our na-tion.