中日渔业法律法规及管理对比分析

Comparison of Fishery Laws and Regulations between China and Japan

中日两国同处西北太平洋,拥有大面积共同作业海域,渔业资源和捕捞海域有相近之处,但两国国情和社会制度不同,造成两国渔业法律、法规及管理存在差异。日本渔业法以实现渔业民主化为目标,法律中关于违法行为的处罚规定明确,且有民间渔业组织协助管理;而中国则以适应社会主义建设和人民生活的需要为目标,对渔业行为的规定不够完善,且缺少渔民参与。通过对比中日渔业法律、法规及管理,寻找可借鉴之处,为完善我国渔业管理奠定基础。

China and Japan are located in North-west Pacific Ocean with a large area of joint fishing zones and there are similar fishery resources and fishing areas. However the different national conditions and different social system between both countries brought about variations on fishery laws, regulations and management between both. The Japanese fishery law mainly realized fishery democracy as a target. The rules on punishments for illegal activities in the fishery law are clear and the non- governmental fishery organizations assistant its management but in China the fishery law is aimed at suiting the needs of socialist construction and living condition of people and there are not only imperfects on the existed regulation of fishery activities but also a lack of fishman participation. The comparison of fishery law, regulation and management between China and Japan will be found that it has its own merits that China can learn from and it will provides a basis to perfect the fishery management in China.