国家管辖范围外(Areas beyond National Jurisdiction,以下简称ABNJ)渔业法律制度随着海域划界变迁和捕鱼能力的提升,经历了显著的变化,形成了由分散到集中再到分散的制度模式。现有的ABNJ渔业法律制度大体分为:国际性渔业法律制度、区...国家管辖范围外(Areas beyond National Jurisdiction,以下简称ABNJ)渔业法律制度随着海域划界变迁和捕鱼能力的提升,经历了显著的变化,形成了由分散到集中再到分散的制度模式。现有的ABNJ渔业法律制度大体分为:国际性渔业法律制度、区域性渔业法律制度和个别渔业法律制度。经研究发现,这些制度存在渔业资源分配不公、渔业资源养护变革阻碍大、渔业组织监管与国际合作机制不完善、渔业执法制度缺乏体系等问题。对此,建议设立兼顾渔业资源养护义务履行量与发展中国家利益的渔业资源分配制度;提高区域渔业组织对渔业资源养护的管理力,严格渔业准入,加强许可证制度的实施;完善渔业组织的监管制度和国际合作制度,建立统一有效的渔业执法体系,促进海洋渔业资源的可持续发展。展开更多
In1995,the official implementation of the system of summer fishing moratorium was one of the most important systems in the field of marine fishery management in China.It mainly focuses on offshore fishery resources an...In1995,the official implementation of the system of summer fishing moratorium was one of the most important systems in the field of marine fishery management in China.It mainly focuses on offshore fishery resources and the specific situation of the fishery production,taking special protection of marine fishery resources system in order to alleviate the pressure on the marine fishery resources and the marine environment caused by the ever-increasing of fishing vessels and the excessive fishing intensity.The implementation of this system is a major policy for promoting the sustainable development of marine fishery resources in China.This paper conducts a special legal study on the system of summer fishing moratorium in the Bohai Sea,aiming to further improve the system and protect marine fishery resources and marine ecological environment.展开更多
China enjoys historic rights over the South China Sea. It has become a controversial sea area due to the loopholes in the modern law of the sea. It is competed by neighboring countries for its interests, which exacerb...China enjoys historic rights over the South China Sea. It has become a controversial sea area due to the loopholes in the modern law of the sea. It is competed by neighboring countries for its interests, which exacerbate the tense situation in China＇s enforcement of maritime rights protection and poses the serious threat to our country＇s sovereignty over the South China Sea. The article takes the South China Sea controversial maritime rights enforcement model as the starting point. It contrasts the status quo of maritime rights enforcement system both at home and abroad, and analyzes the existing laws and regulations of maritime rights protection system in our country, such as the imperfect laws and regulations, the unreasonable establishment of law enforcement agencies and the imperfect law enforcement system. It also puts forward the strategy and idea of perfecting the law enforcement system of maritime rights protection in our country, which is of far-reaching significance to the strategy of safeguarding the maritime rights and interests of China and building a maritime power.展开更多
文摘国家管辖范围外(Areas beyond National Jurisdiction,以下简称ABNJ)渔业法律制度随着海域划界变迁和捕鱼能力的提升,经历了显著的变化,形成了由分散到集中再到分散的制度模式。现有的ABNJ渔业法律制度大体分为:国际性渔业法律制度、区域性渔业法律制度和个别渔业法律制度。经研究发现,这些制度存在渔业资源分配不公、渔业资源养护变革阻碍大、渔业组织监管与国际合作机制不完善、渔业执法制度缺乏体系等问题。对此,建议设立兼顾渔业资源养护义务履行量与发展中国家利益的渔业资源分配制度;提高区域渔业组织对渔业资源养护的管理力,严格渔业准入,加强许可证制度的实施;完善渔业组织的监管制度和国际合作制度,建立统一有效的渔业执法体系,促进海洋渔业资源的可持续发展。
文摘In1995,the official implementation of the system of summer fishing moratorium was one of the most important systems in the field of marine fishery management in China.It mainly focuses on offshore fishery resources and the specific situation of the fishery production,taking special protection of marine fishery resources system in order to alleviate the pressure on the marine fishery resources and the marine environment caused by the ever-increasing of fishing vessels and the excessive fishing intensity.The implementation of this system is a major policy for promoting the sustainable development of marine fishery resources in China.This paper conducts a special legal study on the system of summer fishing moratorium in the Bohai Sea,aiming to further improve the system and protect marine fishery resources and marine ecological environment.
基金supported by the Ministry of Education for the 2017 annual national and regional research center project"Ocean Law and Policy Northeast Asia Research Center"(GQ17091)2017 Liaoning Economic and Social Development Project(2018lslktyb-015)+1 种基金2016 Liaoning Provincial Department of Education Scientific Research Project(w201607)2016 Key Project of Teaching Reform of School-level Education(Dalian Ocean University,School of Public Administration(2017-14-7)
文摘China enjoys historic rights over the South China Sea. It has become a controversial sea area due to the loopholes in the modern law of the sea. It is competed by neighboring countries for its interests, which exacerbate the tense situation in China＇s enforcement of maritime rights protection and poses the serious threat to our country＇s sovereignty over the South China Sea. The article takes the South China Sea controversial maritime rights enforcement model as the starting point. It contrasts the status quo of maritime rights enforcement system both at home and abroad, and analyzes the existing laws and regulations of maritime rights protection system in our country, such as the imperfect laws and regulations, the unreasonable establishment of law enforcement agencies and the imperfect law enforcement system. It also puts forward the strategy and idea of perfecting the law enforcement system of maritime rights protection in our country, which is of far-reaching significance to the strategy of safeguarding the maritime rights and interests of China and building a maritime power.
