Studies On Sea-area Utilization Infeasibility Demonstration

With the sustaining and rapid economic and social development of coastal areasin China, the shortage of land resources rises; the demand for marine resources willcontinue to increase; the population grows trending towards the coast; and the coastalareas are processing its urbanization. All these will bring more pressure to the marineresources and environment. The marine environment is complex and variable, withobvious globalization, complexity and specificity. The key factor in sea areautilization is to deal with the integrity, mobility and multipurpose of marine resources.Our government should further strengthen the legal construction of sea area utilization,establish and optimize the supporting laws and regulations, which will get the rightdirections for sea area exploitation and realize the harmonious coexistence of theocean and human.In the past20years, the State Oceanic Administration has issued a series ofregulatory documents to strengthen the construction of the demonstration system inthe sea area utilization. The demonstration system has been preliminary built and hasprovided a clear basis for carrying out the demonstration practice in sea areautilization. It means the administration of sea area utilization as well as the marineenvironmental protection have entered a normalized and scientific administrationtrack. But it is undeniable that the unlimited ocean development activities andviolations of rules of sea area utilization still exist, which requires us to identify theproblem of the existing mode of sea area utilization demonstration from theperspective of the legal system, suit the remedy to the case, and make our sea areautilization demonstration system more perfect.This paper analyzes the reasons for the marine environment pollution based onthe present status of marine resources development of China, and reviewed thedevelopment process and related rules and regulations of the demonstration system ofsea area utilization. Then we summarized the problems of sea area utilizationdemonstration system in China, namely, unilateral demonstration. As the existingdemonstration mode does not include the negative side, it greatly reduces the execution force of the sea area utilization demonstration system. As to this problem,this paper proposed to introduce the infeasibility demonstration mode, which is basedon the bilateral demonstration; and then discussed and studied the accountabilitymechanism, debating system, public participation scheme and financial guaranteemechanism of the infeasibility demonstration system. Finally, we studied the specificcontent and quantitative basis of the infeasibility demonstration report, which aims atincreasing the manipuility and scientificity of the infeasibility demonstration systemof sea area utilization.The contents and innovations of this paper are as follows:1. Summarized the feasibility study and the management experience of sea areautilization at home and abroad. Then, we proposed the concept of the InfeasibilityDemonstration of Sea Area Utilization (IDSAU), and discussed its characteristics andscope. Also, we studied the differentiated concept between IDSAU and post projectevaluation, as well as the differentiation between IDSAU and alternative solution.2. Analyzed the cause of marine environment pollution, the present status ofmarine resources exploitation and sea area utilization demonstration system. Then, wesummarized the problem of the current Feasibility Demonstration of Sea AreaUtilization (FDSAU), and pertinently proposed the mode of IDSAU.3. It takes the sustainable development of marine as principle, takes theinfeasibility demonstration mode as framework, combined with the theoreticalfoundation of economics, philosophy, and management, and constructs the IDSAUsystem. As for the scope of application of the IDSAU system, we pointed out that thekey projects should conduct the infeasibility demonstration. In the discussion ofaccountability mechanisms, we confirmed four subject of legal responsibility,clarified their corresponding responsibility, and found out the answer of who will becalled to account, how they should be penalized and how to determine the specificresponsible person. The corresponding incentive mechanisms are proposedaccordingly. For the public participation mechanism, this paper launches thediscussion about the sections, scope, content and other issues, substantially increasingthe weight of public opinion in the infeasibility demonstration. In the debatemechanism of the decision-making process, we suggest making the present defensefor both sides of the demonstration. In the financial guarantee segment, we proposed the idea to establish the foundation of IDSAU, and discuss its specific operationalissues. In order to enhance the transparency of the IDSAU system, we proposed theidea to establish an information sharing platform. Moreover, we studied the link of theIDSAU and FDSAU, discussed the changes and amendments in qualifications,procedures, outlines, repeated survey and expert review comments in sea areautilization demonstration,4. Made specific provisions for the procedures and requirements of the IDSAU,and discussed the specific content of the IDSAU report. The innovation reflects in theaddition of the evaluation of marine ecosystem services demonstration, whichenriches the demonstration system and attains a more comprehensive result.5. Proposed the quantitative criteria of infeasibility demonstration, which is thetheoretical basis for marine environment capacity and the degree of marine economysustainable development, and provided the technical support for scientificdecision-making of infeasibility demonstration.