A study on ships as the relative person in maritime administrative penalty
Author(s): CAO Miao-hui, Nanjing MSA
Pages: 110-114
Year: 2015 Issue: 3
Journal: Annual of China Maritime Law
Keyword: ships; administrative penalty; administrative relative person;
Abstract: It is a common practice in China that ship is treated as the administrative relative person in maritime administrative penalty. This practice originates from the wrong place of the nature of ships put by relevant legislation. Ship is a kind of"thing",yet,it is regarded as the relative person of the administrative penalty,which not only violates the basic legal theory,but also brings a series of other problems. Therefore,it is urgent to change the relevant laws and regulations which treat the ship as the object of administrative penalty,and to redefine the relative persons of maritime administrative penalty.
Pages: 110-114
Year: 2015 Issue: 3
Journal: Annual of China Maritime Law
Keyword: ships; administrative penalty; administrative relative person;
Abstract: It is a common practice in China that ship is treated as the administrative relative person in maritime administrative penalty. This practice originates from the wrong place of the nature of ships put by relevant legislation. Ship is a kind of"thing",yet,it is regarded as the relative person of the administrative penalty,which not only violates the basic legal theory,but also brings a series of other problems. Therefore,it is urgent to change the relevant laws and regulations which treat the ship as the object of administrative penalty,and to redefine the relative persons of maritime administrative penalty.
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