我国重要入海河口河海界线划分探讨

Research into the river-sea delimitations of some key estuaries in China

河海界线不明不仅带来执法难、管理难的问题,也使投资环境趋于恶化,对海洋经济的发展有明显的抑制。海河(江)界线划分涉及社会、经济、环境等多个领域,是一项复杂的系统工程。因此建议国家有关部门要重视河海划界工作,成立专门的协调机构和专家组,尽快明确重要河(江)口的河(江)海分界线,并建议全国人大尽快修改《中华人民共和国海域使用管理法》,及时将陆海划界和入海河(江)口河(江)海划界成果吸收进去,使我国沿海各地的海域使用管理更具可操作性,以利于我国沿海河口区域的行政管理,保护河口流域环境,促进经济社会又好又快可持续发展。钱塘江口管理和投资现状具有一定的代表性,以钱塘江口为例,依据钱塘江入海河口的类型及特点,既尊重历史,又着眼于未来,从科学性、合理性、实用性和稳定性等多个角度进行分析与评价,服从和服务于海洋法制建设和海洋综合管理的需要,以促进沿海地区经济社会的发展为最终目标,探讨了钱塘江口江海分界线的位置和划分的依据,认为以澉浦-西三连线作为钱塘江口江海分界线符合自然特性和历史习惯。钱塘江河海分界的划分依据和划分原则也基本适用于其它河口。

The ocean legal system in China is ameliorating. But the undefined boundary between sea and river brings about a series of difficulties for taw enforcement and management, which results in destruction of marine resources and environment and deterioration of investment environment, and restrains the development of marine economy. The area where ocean and land meet is always developed in economy and densely populated. The coastal seas are main area for the exploitation of marine resources, especially the tidal zone, bays estuaries and harbors are the key area for exploitation activities. Owing to the undefined boundary, contradictions of marine resources exploitation among different industries and departments and contradictions between exploitation and protection are prominent. That is why river-sea delimitation is inevitable. River-sea delimitation is a complicated system engineering elated to society, economy and environment etc. It is suggested that relevant government agency of the state attaches great importance on this work and special a coordination office and an expert group should be set up for defining the river-sea boundary as soon as possible. It is also suggested that the People＇s Congress amends the Law on the Management of the Use of the Sea, the P. R. of China to include the results of river-sea delimitation so as to make the management of the use of the sea more handleable to benefit the administrative management, environmental protection and sustainable development of socio-economy. Qiantangjiang River Estuary is a bell-mouth outlet and the largest estuarine bay in Eastern China named as Hangzhouwan Bay, where the present status of management and investment has certain representativeness. According to the type and characteristics of the estuary and on the principle of respecting the history and having an eye on the future, the river-sea delimitation is analyzed and evaluated from different angles of seientificity, rationality, practicality and stiffness, to obey and serve the requirement of the construction of the marine legal system and integrated management of the sea. With an aim of promoting the socio-economie development of the coastal area, the position of the river sea boundary of the Qiantangjiang River Estuary is discussed. It is concluded that the river-sea boundary in Qiantangjiang River Estuary should be the line between Ganpu and Xisan, because this line is in accordance with the natural characteristics and historical custom. The basis and principles of river sea delimitation applied in the Qiantangjiang River Estuary is basically applicable for other estuaries.