海洋行政处罚实施办法 Measures for Implementation on Maritime Administrative Punishments

国土资源部令第15号

颁布日期：20021225 　实施日期：20030301 　颁布单位：国土资源部

　　Decree [2002] No.15 of the the Ministry of Land Resources

　　December 25， 2002

　　Chapter I General Provisions

　　Article 1 The present Measures have been formulated on the basis of the Law of the People's Republic of China on Administrative Punishments and other relevant laws and administrative regulations for the purpose of regulating the maritime administrative punishment acts and defending the lawful rights and interests of the entities and individuals.

　　Article 2 Where any entity or individual violates any of the maritime laws， regulations or ministerial rules concerning the use of the sea areas， the protection of the maritime environment， the laying of sea-bed cables and pipelines， and the scientific research and management of foreign-related seas， and thus the executing authority of the maritime administrative punishments needs to mete out maritime administrative punishments according to law， the present Measures shall apply.

　　Article 3 The department of maritime administration of the people's government on various levels above the county level is the organ for enforcing maritime administrative punishments according to law （hereafter referred to as “enforcing organ”）。

　　Where a maritime supervision section is established within the enforcing department， the work of maritime administrative punishments shall be specifically undertaken by the Chinese maritime supervision section affiliated thereto. Where no maritime supervision section has been established therein， the work shall be implemented by the maritime administration department on the same level.

　　The Chinese maritime supervision organs enforce maritime administrative punishments in the name of the maritime administration department on the same level.

　　Article 4 The enforcing authorities on higher levels shall be entitled to supervise and put right the maritime administrative punishments implemented by the enforcing authorities on lower levels.

　　The higher-level Chinese maritime supervision authorities may， upon the consent of the enforcing authority on the identical level， supervise， in the name of the enforcing authority on the identical level， the maritime administrative punishments implemented by the lower enforcing authorities， and assist the government supervision departments to investigate in to relevant administrative liabilities according to law.

　　Chapter II Jurisdiction

　　Article 5 The maritime administrative punishments shall be under the jurisdiction of the enforcing organ of the place where the violation takes place， unless it is otherwise provided for in any law or regulation.

　　Article 6 In case it is not clear or it is impossible to find out where the violation has taken place， and there are clear provisions in any law or regulation， the jurisdiction shall be determined according to such provisions. If there are no clear provisions in any law or regulation， the jurisdiction shall be determined according to the provisions of ministerial rules and the division of power and duties.

　　Article 7 In case the parties concerned have disputes over the jurisdiction， they shall report to the enforcing authority on a higher level than both parties to designate which party shall have jurisdiction.

　　Article 8 Where any of the maritime administrative punishments that should be enforced by a lower level enforcing authority， but it deems it necessary for the enforcing authority on a higher level to exercise jurisdiction， it may report to the next higher enforcing authority to decide.

　　Article 9 The enforcing authorities may transfer the maritime administrative punishments that do not fall within their respective jurisdictions to the enforcing authorities that have jurisdiction over the case or other relevant administrative organs by form

ulating letters of transferring cases.

　　Article 10 In case any violation has constituted a crime， it shall be delivered to the judicial organs according to law.

　　Chapter III Simplified Procedures

　　Article 11 Where a violation meets both of the conditions as mentioned below， the corresponding decision of maritime administrative punishments may be made on-spot by applying the simplified procedures：

　　a. The facts about the violation are conspicuous and are supported with irrefutable evidences， and the violation is not serious；

　　b. The maritime administrative punishment is a fine of not more than 50 yuan imposed upon an individual or not more than 1，000 yuan imposed upon an entity or is a warning according to the provisions of the maritime laws， regulations or ministerial rules.

　　Article 12 When meting out maritime administrative punishments on the spot by apply the simplified procedures， the maritime supervisors shall observe the following procedures：

　　a. Showing their certificates of law enforcement to the parties concerned；

　　b. Finding out the facts about the violation on the spot， collecting and keeping all necessary evidences， making written records which shall be signed or sealed by the parties concerned after verification；

　　c. Informing the parties concerned of the facts about violation， the grounds for meting out punishments， and that they are entitled to make statements and defenses；

　　d. Listening to the statements and defenses of the parties concerned， and reviewing the facts， reasons and evidences submitted by the parties concerned， unless the they have given up their right of making statements and defenses；

　　e. Filling in the On-spot Decision on Maritime Administrative Punishments formulated in preset formats and having a predetermined number， and delivering it to the parties concerned on the spot after it is signed or sealed by the maritime supervisors.

　　Chapter IV Ordinary Procedures

　　Article 13 All other maritime administrative punishments other than those that can be meted out on the spot according to Article 11 of the present Measures for violations of relevant provisions shall be placed on files as cases for investigation.

　　Maritime supervisors shall fill in a form of placing a maritime violation on file as a case for approval， and the case shall be established after approval is granted.

　　Article 14 Any maritime supervisor that is directly interested in the case shall withdraw.

　　Article 15 There shall be no fewer than two maritime supervisors present in the investigation of cases or in inspections， who shall show their certificates of law enforcement to the parties concerned. They may make investigations or inspections in any of the ways as described below：

　　a. Entering into the scene of violation to make surveys and inspections， consulting or duplicating relevant materials， and making video records or taking pictures of the scene of violation. Written records shall be made for the relevant surveys and inspections， which shall be signed or sealed by those under the survey or inspection or any other witnesses；

　　b. Inquiring the parties concerned or the witnesses or any other people concerned， and making written records of the inquiries， which shall be signed or sealed by those under investigation upon verification. In case any of the people under investigation refuses to sign or seal， it shall be remarked by not fewer than two maritime supervisors who shall put their signatures or seals on the written records；

　　c. The professional or technical matters such as measuring， monitoring， testing or authenticating， etc. may be entrusted to the eligible institutions to make relevant reports. Such report may be used as evidences.

　　Article 16 Maritime supervisors may， in the process of collecting evidences， employ the method of taking samples.

　　Article 17 If， in the process of collecting evidences， any evidence may disappear or would be difficult to obtain thereafter， the maritime supervisors may， upon approval， register the evidences for keeping beforehand. A notice of Registering Evidences for Keeping Beforehand shall formulated for the evidences that are registered for keeping beforehand and be serviced to the parties concerned.

　　The evidences that are registered for keeping beforehand shall be handled within seven days as of the day when they are registered keeping.

　　During the term when the evidences are registered for keeping， neither the parties concerned nor any other relevant personnel may destroy or transfer any of the evidences.

　　Article 18 In the process of taking samples for evidences or registering evidences for keeping beforehand， the parties concerned shall be present on the scene. Where the parties concerned are not present on the scene or refuses to be present on the scene， the maritime supervisors may invite relevant persons to bear witness on the scene.

　　Article 19 Maritime supervisors shall， within five days after the investigations are completed， submit a report of investigating maritime violations， and suggesting punishments according to the results of investigation.

　　Article 20 The persons in-charge of the enforcing authorities shall review the investigation results and suggestions for punishment， and make decisions as described below by taking the different circumstances into consideration：

　　a. If the facts about the violation are well-grounded， maritime administrative punishments shall be meted out according to the seriousness and the specific situation of the violation；

　　b. If the violation is not serious and may be exempt from maritime admin

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