First Violation Without Penalty in Maritime Sector

Zhang Yang

doi:doi:10.11648/j.wros.20251402.13

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First Violation Without Penalty in Maritime Sector

Zhang Yang^*

Published in Journal of Water Resources and Ocean Science (Volume 14, Issue 2)

Received: 3 December 2024 Accepted: 13 December 2024 Published: 17 April 2025

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Abstract

This paper focuses on the "first violation without penalty" scheme in the maritime field. In view of the issues such as ambiguous definition, unclear implementation standards, and relatively insufficient supporting measures that emerged during its implementation, in order to fully realize its value and function in the maritime sector and ensure the implementation effect, first of all, it precisely defines the characteristics of "first violation without penalty" illegal acts. These acts require fault, must be formally legal, and are of an extremely minor nature, meanwhile the scope is narrowed by excluding serious illegal types, e.g., illegal acts involving heavier liabilities like personal liberty penalties and qualification penalties, illegal acts that should be concurrently punished with multiple administrative penalties, intentionally committed illegal acts with relatively large subjective malignance, and illegal acts that remain uncorrected after being ordered to correct. Secondly, it elaborates in detail on the implementation standards of the maritime "first violation without penalty" scheme, which includes establishing a unified list and making dynamic adjustments, clarifying the starting date of calculation, time limit, and scope of judgment objects of "first", as well as the application of the simplified procedure. It also proposes supporting measures such as establishing and utilizing working schemes like maritime credit rating evaluation and key tracking of ships, establishing an applicable judgment module in the maritime violation-handling system, improving the internal performance appraisal of the maritime administrative authority, strengthening the trace-keeping scheme, and intensifying law enforcement supervision and establishing standard guidance cases. In future practices, continuous attention should be paid to the operating effect of this scheme, and feasible suggestions on how to optimize and adjust it have been put forward.

Published in	Journal of Water Resources and Ocean Science (Volume 14, Issue 2)
DOI	10.11648/j.wros.20251402.13
Page(s)	52-59
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2025. Published by Science Publishing Group

Keywords

Maritime Law Enforcement, First Violation Without Penalty, Administrative Penalty, Discretionary Benchmark, Maritime Sector

References

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APA Style

Yang, Z. (2025). First Violation Without Penalty in Maritime Sector. Journal of Water Resources and Ocean Science, 14(2), 52-59. https://doi.org/10.11648/j.wros.20251402.13

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ACS Style

Yang, Z. First Violation Without Penalty in Maritime Sector. J. Water Resour. Ocean Sci. 2025, 14(2), 52-59. doi: 10.11648/j.wros.20251402.13

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AMA Style

Yang Z. First Violation Without Penalty in Maritime Sector. J Water Resour Ocean Sci. 2025;14(2):52-59. doi: 10.11648/j.wros.20251402.13

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@article{10.11648/j.wros.20251402.13,
  author = {Zhang Yang},
  title = {First Violation Without Penalty in Maritime Sector
},
  journal = {Journal of Water Resources and Ocean Science},
  volume = {14},
  number = {2},
  pages = {52-59},
  doi = {10.11648/j.wros.20251402.13},
  url = {https://doi.org/10.11648/j.wros.20251402.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.wros.20251402.13},
  abstract = {This paper focuses on the "first violation without penalty" scheme in the maritime field. In view of the issues such as ambiguous definition, unclear implementation standards, and relatively insufficient supporting measures that emerged during its implementation, in order to fully realize its value and function in the maritime sector and ensure the implementation effect, first of all, it precisely defines the characteristics of "first violation without penalty" illegal acts. These acts require fault, must be formally legal, and are of an extremely minor nature, meanwhile the scope is narrowed by excluding serious illegal types, e.g., illegal acts involving heavier liabilities like personal liberty penalties and qualification penalties, illegal acts that should be concurrently punished with multiple administrative penalties, intentionally committed illegal acts with relatively large subjective malignance, and illegal acts that remain uncorrected after being ordered to correct. Secondly, it elaborates in detail on the implementation standards of the maritime "first violation without penalty" scheme, which includes establishing a unified list and making dynamic adjustments, clarifying the starting date of calculation, time limit, and scope of judgment objects of "first", as well as the application of the simplified procedure. It also proposes supporting measures such as establishing and utilizing working schemes like maritime credit rating evaluation and key tracking of ships, establishing an applicable judgment module in the maritime violation-handling system, improving the internal performance appraisal of the maritime administrative authority, strengthening the trace-keeping scheme, and intensifying law enforcement supervision and establishing standard guidance cases. In future practices, continuous attention should be paid to the operating effect of this scheme, and feasible suggestions on how to optimize and adjust it have been put forward.
},
 year = {2025}
}

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TY  - JOUR
T1  - First Violation Without Penalty in Maritime Sector

AU  - Zhang Yang
Y1  - 2025/04/17
PY  - 2025
N1  - https://doi.org/10.11648/j.wros.20251402.13
DO  - 10.11648/j.wros.20251402.13
T2  - Journal of Water Resources and Ocean Science
JF  - Journal of Water Resources and Ocean Science
JO  - Journal of Water Resources and Ocean Science
SP  - 52
EP  - 59
PB  - Science Publishing Group
SN  - 2328-7993
UR  - https://doi.org/10.11648/j.wros.20251402.13
AB  - This paper focuses on the "first violation without penalty" scheme in the maritime field. In view of the issues such as ambiguous definition, unclear implementation standards, and relatively insufficient supporting measures that emerged during its implementation, in order to fully realize its value and function in the maritime sector and ensure the implementation effect, first of all, it precisely defines the characteristics of "first violation without penalty" illegal acts. These acts require fault, must be formally legal, and are of an extremely minor nature, meanwhile the scope is narrowed by excluding serious illegal types, e.g., illegal acts involving heavier liabilities like personal liberty penalties and qualification penalties, illegal acts that should be concurrently punished with multiple administrative penalties, intentionally committed illegal acts with relatively large subjective malignance, and illegal acts that remain uncorrected after being ordered to correct. Secondly, it elaborates in detail on the implementation standards of the maritime "first violation without penalty" scheme, which includes establishing a unified list and making dynamic adjustments, clarifying the starting date of calculation, time limit, and scope of judgment objects of "first", as well as the application of the simplified procedure. It also proposes supporting measures such as establishing and utilizing working schemes like maritime credit rating evaluation and key tracking of ships, establishing an applicable judgment module in the maritime violation-handling system, improving the internal performance appraisal of the maritime administrative authority, strengthening the trace-keeping scheme, and intensifying law enforcement supervision and establishing standard guidance cases. In future practices, continuous attention should be paid to the operating effect of this scheme, and feasible suggestions on how to optimize and adjust it have been put forward.

VL  - 14
IS  - 2
ER  -

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Author Information

Zhang Yang

Dalian Maritime Safety Administration, Dalian, China

Contact Email

http://orcid.org/0000-0001-9349-2187

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Plain Text BibTeX RIS

APA Style

Yang, Z. (2025). First Violation Without Penalty in Maritime Sector. Journal of Water Resources and Ocean Science, 14(2), 52-59. https://doi.org/10.11648/j.wros.20251402.13

Copy | Download

ACS Style

Yang, Z. First Violation Without Penalty in Maritime Sector. J. Water Resour. Ocean Sci. 2025, 14(2), 52-59. doi: 10.11648/j.wros.20251402.13

Copy | Download

AMA Style

Yang Z. First Violation Without Penalty in Maritime Sector. J Water Resour Ocean Sci. 2025;14(2):52-59. doi: 10.11648/j.wros.20251402.13

Copy | Download

@article{10.11648/j.wros.20251402.13,
  author = {Zhang Yang},
  title = {First Violation Without Penalty in Maritime Sector
},
  journal = {Journal of Water Resources and Ocean Science},
  volume = {14},
  number = {2},
  pages = {52-59},
  doi = {10.11648/j.wros.20251402.13},
  url = {https://doi.org/10.11648/j.wros.20251402.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.wros.20251402.13},
  abstract = {This paper focuses on the "first violation without penalty" scheme in the maritime field. In view of the issues such as ambiguous definition, unclear implementation standards, and relatively insufficient supporting measures that emerged during its implementation, in order to fully realize its value and function in the maritime sector and ensure the implementation effect, first of all, it precisely defines the characteristics of "first violation without penalty" illegal acts. These acts require fault, must be formally legal, and are of an extremely minor nature, meanwhile the scope is narrowed by excluding serious illegal types, e.g., illegal acts involving heavier liabilities like personal liberty penalties and qualification penalties, illegal acts that should be concurrently punished with multiple administrative penalties, intentionally committed illegal acts with relatively large subjective malignance, and illegal acts that remain uncorrected after being ordered to correct. Secondly, it elaborates in detail on the implementation standards of the maritime "first violation without penalty" scheme, which includes establishing a unified list and making dynamic adjustments, clarifying the starting date of calculation, time limit, and scope of judgment objects of "first", as well as the application of the simplified procedure. It also proposes supporting measures such as establishing and utilizing working schemes like maritime credit rating evaluation and key tracking of ships, establishing an applicable judgment module in the maritime violation-handling system, improving the internal performance appraisal of the maritime administrative authority, strengthening the trace-keeping scheme, and intensifying law enforcement supervision and establishing standard guidance cases. In future practices, continuous attention should be paid to the operating effect of this scheme, and feasible suggestions on how to optimize and adjust it have been put forward.
},
 year = {2025}
}

Copy | Download

TY  - JOUR
T1  - First Violation Without Penalty in Maritime Sector

AU  - Zhang Yang
Y1  - 2025/04/17
PY  - 2025
N1  - https://doi.org/10.11648/j.wros.20251402.13
DO  - 10.11648/j.wros.20251402.13
T2  - Journal of Water Resources and Ocean Science
JF  - Journal of Water Resources and Ocean Science
JO  - Journal of Water Resources and Ocean Science
SP  - 52
EP  - 59
PB  - Science Publishing Group
SN  - 2328-7993
UR  - https://doi.org/10.11648/j.wros.20251402.13
AB  - This paper focuses on the "first violation without penalty" scheme in the maritime field. In view of the issues such as ambiguous definition, unclear implementation standards, and relatively insufficient supporting measures that emerged during its implementation, in order to fully realize its value and function in the maritime sector and ensure the implementation effect, first of all, it precisely defines the characteristics of "first violation without penalty" illegal acts. These acts require fault, must be formally legal, and are of an extremely minor nature, meanwhile the scope is narrowed by excluding serious illegal types, e.g., illegal acts involving heavier liabilities like personal liberty penalties and qualification penalties, illegal acts that should be concurrently punished with multiple administrative penalties, intentionally committed illegal acts with relatively large subjective malignance, and illegal acts that remain uncorrected after being ordered to correct. Secondly, it elaborates in detail on the implementation standards of the maritime "first violation without penalty" scheme, which includes establishing a unified list and making dynamic adjustments, clarifying the starting date of calculation, time limit, and scope of judgment objects of "first", as well as the application of the simplified procedure. It also proposes supporting measures such as establishing and utilizing working schemes like maritime credit rating evaluation and key tracking of ships, establishing an applicable judgment module in the maritime violation-handling system, improving the internal performance appraisal of the maritime administrative authority, strengthening the trace-keeping scheme, and intensifying law enforcement supervision and establishing standard guidance cases. In future practices, continuous attention should be paid to the operating effect of this scheme, and feasible suggestions on how to optimize and adjust it have been put forward.

VL  - 14
IS  - 2
ER  -

Copy | Download