游艇超过核定乘员航行法律适用问题研究

Study on the Law Application on Yacht Navigation with Exceeded A uthorized Passengers

新修订的《海上交通安全法》自2021年9月生效以来,对游艇各类违法行为规定了严格的法律责任,增加了游艇所有人和游艇操作人员的违法成本。然而游艇监管的发展与我们所期待的法治化还存在一定差距,海事部门对于游艇航行时超过乘员定额的情形应当如何实施行政处罚存在较多理解争议,论文就如何合理运用《海上交通安全法》妥善解决当前海事执法实践中的争议展开研究。

Since the newly revised Maritime Traffic Safety Law came into effect in September 2021,strict legal liability has been imposed against various types of violations of yachts,increasing the cost of violations for yacht owners and yacht operators.However,there is still a certain gap between the development of yacht supervision and the rule of law that is expected,and there are many disputes in the maritime administration concerning how to implement administrative penalties when a yacht sails with the number of passengers on board exceeding the quota.This paper studies how to properly apply the Maritime Traffic Safety Law to address the disputes in the current maritime law enforcement practice.