为违法捕捞提供便利行为的法律责任研究

The Legal Liability of Providing Convenient Activities for Illegal Fishing

随着近年来我国水产品市场需求的增大,违法捕捞案件逐年增多,且在实践中为违法捕捞提供便利行为也越发猖獗。由于立法的缺失,这种行为尚未受到法律的规制,行为人能够逃避应承担的法律责任,严重影响渔业捕捞秩序和渔业资源的可持续发展。文章阐述为违法捕捞提供便利行为的基本概念,分析在《中华人民共和国渔业法》中增设为违法捕捞提供便利行为法律责任的必要性和可行性,并提出法律责任的构成要素和立法建议。

In recent years,with the increasing demand for aquatic products,people have gradually increased the development and use of aquatic products,illegal fishing cases have increased year by year,and the behavior of facilitating illegal fishing activities in practice has become more and more rampant.Due to the lack of legislation,this kind of behavior has not been regulated by the law,and the actor has evaded the legal responsibility and walked on the edge of the law.It harms the order of fishery and fishing and seriously destroys the sustainable development of aquatic products resources.This paper described the situation of facilitating activities for illegal fishing,introduced the necessity of increasing the legal liability for providing convenient activities for illegal fishing,and analyzed the necessity of increasing the legal liability for providing convenient activities for illegal fishing.The feasibility of increasing legal liability for facilitating activities in cases of illegal fishing was presented,together with elements for increasing legal liability for facilitating activities in cases of illegal fishing,as well as legislative recommendations.