从1927—1937东沙群岛争端看近代中国海疆制度——以领海制度与岛礁定名为中心

To Discuss China's Territorial Waters System in Modern History through Reviewing the Conflict at Dongsha Islands between China and Japan in 1927-1937:Centered on Territorial Waters System and Denominating Islands or Atolls

1927—1937年间,因日本商人、渔民疯狂盗采东沙群岛海产资源而引发的中日交涉实质上已经触及领海制度诸多层面。这些交涉终未取得明显效果,暴露出近代中国海疆制度的诸多弊病:民国政府盲目追随英美列强,未能根据自身海防需要和当时国际舆论合理制定领海宽度;忽视渔业界线的划定,未对海产资源加以有效保护;岛礁定名混乱,为日方纠缠留下口实。这些漏洞导致东沙群岛问题反复发生,我国海洋权益未能有效得到保护。

In 1927- 1937,the diplomatic negotiation between China and Japan—which were caused by Japanese businessmen and fishermen's secretly exploiting marine resource unlawfully at Dongsha Islands—touched some aspects of territorial waters system. These negotiations had not gained obvious effect in the end,and revealed some defects in Chinese territorial waters system in modern time:First,Chinese government had followed Britain and America blindly,so it couldn't make rational extent of the territorial sea according to its own need in coast defense. Second,it neglected the delimitation of fishing conservation zone,so it couldn't protect marine resource effectively. Third,it confused some islands and reefs in Dongsha Islands which left some cause of quarrels for Japanese. These defects led to problems repeatedly emerge at Dongsha Islands,and Chinese marine rights and interests flowed out in quantity.