Research on the Application of the Collective Discussion System for Administrative Officials in Maritime Administrative Penalties

Abstract

The collective discussion and decision-making system of administrative heads in maritime administrative penalties combines internal democratic decision-making, power balance attributes, and special internal administrative procedural characteristics. The current system has the problem of unclear applicable standards, and normative documents at or above the provincial level have not elaborated on situations such as “complex circumstances” and “major violations”, resulting in excessive discretionary power of administrative agencies and significant differences in handling similar cases in practice. In this regard, the applicable situations can be refined from three dimensions: the clear procedural requirements focus on the amount threshold and rigid procedural requirements, the composite standard discretion type covers professional identification difficulties, legal application disputes, and evidence chain doubts, and the social impact assessment type focuses on the group effects and media attention caused by the case, in order to regulate maritime administrative penalties and ensure the rational use of marine resources.