涉渔“三无”船舶罚款制度研究

On the Financial Penalty System of Illegal Fishery Vessels

近年来,中国在清查整顿涉渔"三无"船舶的过程中发现涉渔"三无"船舶数量庞大,问题繁多,现有的渔船管理体制已经无法实现对涉渔"三无"船舶的有效管理,导致渔业主管部门对涉渔"三无"船舶实施行政处罚过程中遇到诸多困难。目前,罚款是对涉渔"三无"船舶进行处罚的最常用手段,但是罚款制度却不是监管涉渔"三无"船舶的最有效手段。目前涉渔"三无"船舶罚款制度存在罚款对象范围较窄、渔业行政执法主体不明确、船主信息管理不到位、行政处罚与司法执行之间程序冗杂等问题。通过借鉴日本、美国、澳大利亚和欧盟等国家或地区渔船管理制度,结合中国的实际情况,通过在立法上扩大罚款处罚对象的范围、规范执法行为、优化管理模式和简化司法程序等对策,以期为完善中国相关渔政管理制度提供参考。

The recent years of inventorying and rectifying illegal fishery vessels without ship name and number, fishery ship certificate, and port of registry countrywide have found that there are a very large number of such illegal fishery vessels countrywide and many problems exist in these vessels. The problems are so complicated that the current fishery vessel administration system in China is already unable to administrate the illegal fishery vessels effectively and governmental fishery departments at all levels have encountered a lot of difficulties in the enforcement of administrative penalty for illegal fishery vessels. Currently, imposing a fine on the owner of illegal fishery vessels is the most frequently used means by the state, but the system of financial penalty is not the most effective means for the supervision and administration of illegal fishery vessels. With the administrative punishment means of imposing a fine upon the owner of illegal fishery vessels taken as the object of research, this paper sets forth the basic content of the administrative penalty system and analyzes the problems existing in the financial penalty system of illegal fishery vessels, such as the small scope of the application of the financial penalty system, the unclear subject of fishery administrative law enforcement, the absence of the management of the information of ship owners, and the lengthy and complex process from administrative penalty to judicial implementation. Drawing on the experience of Japan, the United States, Australia, the European Union and so on, and in view of the actual situation in China, it is put forward that the scope of object of fines should be expanded legislatively, the behavior of law enforcement standardized, the model of administration optimized, and the judicial proceedings simplified, which are all hoped to be able to provide reference for the improvement of the Chinese fishery administration system.