论渔业执法之当场处罚

On the Spot Punishment of Fishery Law Enforcement

在渔业行政执法活动中,当场处罚是渔业执法机关行使制裁权的重要方式之一,但对于渔业执法当场处罚制度的理解和认识尚存争议。文章在明确当场处罚的含义、原则和种类的基础上,分析渔业当场处罚的适用条件及相关程序的规定。并进一步探讨《中华人民共和国渔业法》及其相关涉渔执法法律、法规和规章中有关当场处罚的问题,分析渔业执法当场处罚制度与实践需求不匹配的情形与原因,最后对于发现的问题提出完善证据制度、明确法定依据、明确当场处罚的执法人数、明确渔业当场处罚的标准、完善渔业当场处罚的监督体系等建议。

In fishery administrative law enforcement activities,on-the-spot punishment is one of the important ways for fishery law enforcement agencies to exercise their sanction power,but there are still disputes about the understanding of the on-the-spot punishment system in fishery law enforcement.This paper analyzed the applicable conditions and relevant procedures of on-thespot punishment in fishery based on its definition,principle and category.The "Fisheries Law"and its related laws,regulations and rules related to fisheries law enforcement related to on-thespot punishment were further explored,and the situation and reason of the mismatch between the system of on-the-spot punishment of fisheries law enforcement and practical needs were analyzed.Some suggestions were also put forward,such as perfecting the evidence system,making clear the legal basis,making clear the number of law enforcement personnel,making clear the standard of fishery on-the-spot punishment,and perfecting the supervision system of fishery on-the-spot punishment.