论南海问题的司法解决

Study on the Judicial Solution to the Issue of South China Sea

我国一直坚持以政治方法解决南海问题,但近日菲律宾的做法却使南海问题日趋"司法化"。以法律方法解决海洋问题固然有其可取之处,但其用于解决南海问题却具有不可行性。文章从南海问题司法解决的大背景出发,阐述以法律方法解决南海问题的不利因素,并阐明以政治方法解决南海问题相对于司法解决的优势,此外,针对南海问题"司法化"趋势提出相应的对策,推动南海问题的合理妥善解决。

China has always taken the political measure to solve the South China Sea issue, but recently,what Philippines have done makes the issue more judicial-oriented. Although it is desirable to solve this issue in a legal method, it is infeasible. Based on the background of the judicial solution to the issue of South China Sea, there are some adverse factors to solve this issue in legal way. Instead, solving the issue of South China Sea by political method is more effective than judicial method. In addition, we put forward several countermeasures to the judicial orientation of the South China Sea issue, which may be helpful to deal with the issue properly.