涉渔“三无”船舶危害及依法治理对策

The Harms and Legal Countermeasures of Fishing Vessels without Name and Number,Certificate and Port of Registry

近年来,随着国家对涉渔"三无"船舶的整治力度不断加大,涉渔"三无"船舶数量有所下降,然而仍存在涉渔"三无"船舶管理困难和法律适用难题,给渔业监管带来了严峻挑战。从涉渔"三无"船舶的界定及其产生的危害看,发现其具有种类杂、数量多、分布广、隐蔽性强和作业方式多样等特点,并存在损害人身、财产及环境安全,破坏渔业管理秩序等危害。通过深入分析涉渔"三无"船舶治理情况发现,目前涉渔"三无"船舶相关立法不完善,管理部门职能交叉、权责不清,执法依据不明,监管机制不健全,缺乏政策扶持和法治宣传力度不够。因此,完善涉渔"三无"船舶相关法律体系;明确监管部门职责划分,推行综合执法模式;明确执法依据,加大处罚力度;疏堵结合,把控监管力度;加大法治宣传,促进渔民转产船业等涉渔"三无"船舶治理的法律对策。以期为构建完善的涉渔"三无"船舶治理法律体系,推动中国渔业管理制度发展提供参考。

In recent years, the state has continued to strengthen the penalty and regulation for the fishing vesselswithout name and number, certificate and port of registry （NNCPR） and thus the number of such fishing vessels hasdecreased to a certain extent. Nevertheless, difficulties in the administration of the fishing vessels without NNCPRand ones in legal application in them still exist currently, which brings a severe challenge to the supervision andregulation of fishery in China. From the perspectives of the definition of the fishing vessels without NNCPR and theharms caused by such vessels it is found that the fishing vessels without NNCPR are large in number, wide indistribution, strong in concealment and diverse in operation, are harmful to the securities of personnel, property andenvironment, and destruct the order of fishery management. A deep analysis on the regulation and penalty of thefishing vessels without NNCPR shows that problems exist in the current regulation and penalty of the fishing vesselswithout NNCPR： Relevant legislations fail in completion; administrative departments are intersecting in functionsand no clear boundaries exist between the departments in power and responsibility; the basis of law enforcement isnot clear; the mechanism for supervision and administration is not sound; there is lack of policy support; and thepublicity of legality is not great. In view of the problems above legal countermeasures against the fishing vesselswithout NNCPR are put forwards： the legal system against the fishing vessels without NNCPR should be completed;the duties and functions of the supervision and regulation departments clearly defined and the comprehensive lawenforcement model implemented; the basis of law enforcement cleared and the intensity of punishment increased;the banning of fishing vessels without NNCPR combined with the legitimization of them so as to control thesupervision and regulation reasonably; and greater efforts are made to publicize legality to promote fishermen＇stransfer of industry, in hope of providing reference for constructing a complete legal system for the penalty andregulation of the fishing vessels without NNCPR and promoting the development of the Chinese fisheryadministration system.