海事远程在线行政执法检查合法性分析及建议

Legality Analysis and Suggestions on Maritime Remote Administrative Law Enforcement Inspection

新冠肺炎疫情发生后,多地海事管理机构探索实施了远程船舶安全监督检查、远程航运公司体系审核、远程事故调查等远程在线行政执法检查措施。远程检查因其不接触、便捷、开放、廉洁等特点,逐步成为常态化的监督检查方式,远程检查数量和后续实施的滞留、行政处罚的案例也不断增多。当前,对远程在线执法的讨论多集中在技术实现层面,而对其合法性分析则比较匮乏。以行政诉讼中具体行政行为的合法性构成要件说为依据,结合远程检查实践中的具体表现形式进行合法性分析,认为远程检查理论上具备了具体行政行为的合法性构成要件,但是需要在程序、证据等多方面予以规范,并对规范和发展远程检查提出了建议。

Since the outbreak of COVID-19,the maritime administration of different regions have developed and implemented remote online maritime administrative law enforcement measures,such as remote ship safety inspection,remote safety management system audit for shipping companies and remote accident investigation.Characterized by flexibility,convenience,openness and incorruptibility,remote online inspection has gradually become a regular way of supervision,and the number of remote supervision and subsequent cases of detention and administrative punishment have kept increasing.At present,the discussion of remote online maritime administrative law enforcement is mostly focused on the technical level,but the analysis of its legitimacy is still inadequate.Based on the theory of the constitutions of legitimacy of specific administrative acts in administrative litigation,this paper analyze the legitimacy of remote supervision,taking into consideration its specific forms in practice.The conclusion is that remote online inspection has the legitimacy of specific administrative act in theory,but it should be regulated in many aspects,such as procedure and evidence.The paper also puts forward suggestions on the standardization and development of remote supervision.