From July 2016 to September 2016, Beihai Naizhi Marine Science and Technology Co., Ltd. (hereinafter referred to as "Naizhi Company") without obtaining the right to use the sea area in accordance with the law, used machineries and vehicles to transport soil, construction waste from outside to a coastal vacant land leased by Naizhi Company (actually marine mudflat), leveled the site, constructed a temporary wharf, formed a land, and was ready to build a refrigeration plant. In October 2017, the Beihai Marine and Fisheries Bureau (hereinafter referred to as "Beihai Marine Fisheries Bureau") filed a case against the reclamation activities after investigation and measured that the sea area reclaimed by Naizhi Company was 0.38 hectares. The Beihai Marine Fisheries Bureau found that Naizhi Company's acts of land reclamation and occupation of the sea area was illegal after hearing the Naizhi Company's representations, defenses, and conducting two joint hearings. In April 2018, it gave Naizhi Company an administrative penalty, and Naizhi Company was ordered to return the illegally occupied sea area, restore the sea area to its original conditions, and pay a fine of 2,567,700 Yuan, 15 times of the fee for using the sea area during the period of illegal occupation of the sea area.. Naizhi Company refused to accept the penalty, and filed an administrative lawsuit, and claimed that the decision on administrative penalty should be revoked.
In the trial of first instance, the Beihai Maritime Court held that the Beihai Marine Fisheries Bureau has the authority of giving a maritime administrative penalty. Naizhi Company conducted land reclamation activities without obtaining the right to use the sea area, and illegally occupied 0.38 hectares of the sea area, which is in violation of Article 42 of the Law on the Management of Sea Area Use of the People's Republic of China. The decision of Beihai Marine Fisheries Bureau to impose the administrative penalty was correct. The Court entered a judgment of first instance to dismiss the claims of Naizhi Company. In the trial of second instance, the Guangxi Zhuang High People's Court affirmed the original judgment.
This case is a maritime administrative penalty case involving illegal land reclamation. With the development of China's marine economy and the improvement of people's living standards, the demand for marine use for enterprises in marine industry and individuals is increasing rapidly. Some enterprises and individuals illegally reclaim land and occupy or even fill sea areas without obtaining the right to use the sea aera, which seriously affects marine ecological environment protection and local sustainable development. China has long coastlines, and there are many problems in the administration of illegal sea use, such as "difficult to investigate", "hard to punish" and "difficult to enforce". The handling of this case has an exemplary role in determining the subject of illegal reclamation, due process of punishment and exercise of discretion. This fully demonstrates the resolution of the people's court to apply the strictest system and rule of law to protect the national coastlines and the ecological security of the marine environment, and has active significance for advancing legal use and administration of sea areas.