Deconstruction And Resolution Of The Conflict Between The Rights Of Aquaculture And Fishing

China has rich fishery resources.Since the founding of the People's Republic of China,it has continuously adjusted its industrial structure.Through continuous efforts to increase fishery output and develop marine fishery economy,China has formed a fishery development path with Chinese characteristics.Now China has become the world's largest fishery country.China's aquatic product output has consistently ranked first in the world since the late 1980 s.The coastal and offshore waters are China's main fishing grounds.China's main fishing seasons,economic fish and aquatic products are produced in these waters.Therefore,these waters have always been the main areas for marine fishing operations.With the continuous development of China's marine economy and the adjustment of the sea area with management system and fishery policy,the scale of coastal fisheries is continuously expanding,and the scale of fishing is continuously restricted and reduced.So far,it has become the only country in the world whose aquaculture production exceeds the fishing production.However,due to the large investment of fishing boats and fishing gear,the fishing intensity is too high,the fishery resources in the coastal waters show an overall decline.In addition,neighboring countries have increasingly strict fisheries control in the waters under their jurisdiction,and some fishing boats in the open sea are forced to retreat to the coast.At this time,the tidal flats and offshore aquaculture that were originally in the inter tidal zone to within the7-10 m isobath,with the expansion of the aquaculture industry,the changes in aquaculture methods,especially the increasing popularity of marine pastures,bottom-seeding aquaculture,and artificial reefs,the aquaculture area continues to expand to the sea,covering the traditional small fishing boat.The breeder sets the breeding scope according to the obtained license,and prohibits fishing vessels from entering the designated breeding area.These areas were originally areas where traditional small fishing boats operated,and fishermen believed that they had obtained fishing permits and had the right to catch wild fish.Therefore,fishermen ignored the established boundaries and still entered the breeding area to fish.However,the owner of the right to aquaculture believes that the fisher has violated his right to possess and use the sea area.Therefore,disputes over offshore aquaculture and fishing have continued,triggering disputes over the sea area.This not only led to conflicts between the fishing rights holders and the breeding rights holders,but also the contradictions between fishermen and the competent authorities,which resulted in conflicts between the fish farmers,the fishermen and the competent authorities.This also highlights two difficult structural contradictions facing the development of marine fisheries in my country.One is the serious shortage of fishery resources and the rapidly increasing demand for high-quality fishery products,and the other is the restrictions imposed to protect marine resources.The contradiction between the fishing system and the protection of traditional fishermen rights.These two pairs of sharp contradictions are manifested in the increasing number of foreign-related incidents.Chinese fishing boats have been repeatedly investigated for illegal fishing operations outside the region,and have caused international disputes.Cases of disputes over the use of sea areas are on the rise,even triggering mass incidents.On the surface,the disputes between aquaculture and fishing are disputes over the use of the sea.The essence is a coordination problem between the market mechanism and government regulations,that is,the person who is the main body uses the ocean process,the competition for interests and the scarcity of marine fishery resources.The contradiction is hidden behind the problem of marine resource allocation and fishery management.It is fundamentally the result of the value orientation of human use of the ocean and the development and changes of the international ocean order and fishery policy.Based on this,this article is planned to find the root of the conflict through the analysis of the performance and causes of the conflict between farming rights and fishing rights,and provide theoretical support and path for conflict resolution from two aspects: system construction and management reform.Exploration.The essence of fishery rights conflict is the conflict between interests,and the imbalance of interests will inevitably lead to the dispute of rights.The balance of interests and conflicts of rights are difficult to resolve only by relying on automatic market adjustment,and ultimately rely on government intervention.The market-centric property rights system has been proposed to solve the problems of overfishing and rights distribution in fishery management,but most efforts have failed due to the particularity of fishery resources and the lack of overall coordination.The essence of the design of the fishery rights system is the process of interest identification,interest selection,interest integration and interest expression of different fishermen groups,that is,to solve the distribution of limited fishery resources among relevant interest groups and members of society.The essence of right distribution is a matter of justice,that is,how to distribute social results fairly and share social costs.The essence of human beings is the sum of social relations,and legal norms,benefit distribution,and responsibility sharing are all manifestations of the externalization of social relations.People's pursuit of rights is to realize their own value in real social norms.A society ruled by law requires the realization of the harmony between public power and private rights,and the provisions of the law on power and rights must conform to the trend of social development.Therefore,based on the dimension of social justice,it is necessary to aim at the harmonious development of society,with rights and obligations as the adjustment mechanism,and the reasonable degree of dues and income as the characterization,and the government should correct the unfairness of market distribution results.Realize the fair exchange of different fishery entities in the market through intervention to solve the inequality of resources and the asymmetry of rights and obligations in the exchange process.The core is that the fishermen as the main body can equally enjoy the basic rights at any stage of the distribution.In addition,the multiplicity of human development determines that justice is multi-layered and multi-perspective.Justice should not only be limited to coordinating the interest relationship between people,but should look at the entire nature and ecosystem,and constantly coordinate in the laws of nature.With the development of society in this era,the goal of development is not limited to the growth of material wealth,but has diversified pursuits.In order to realize the freedom that mankind yearns for,it is necessary to realize the pursuit of the corresponding real world through the examination of the real world,and complete the leap of human goodness.Therefore,distribution justice should rise to the dimension of ecological justice.Based on the theory of ecological justice,the distribution justice of fishery resources should at least include interspecies,time and space dimensions,emphasize the harmonious relationship between man and the ocean,respect the ocean,respect all marine species,and maintain the balance and stability of the marine ecosystem.While using marine resources,we will protect the marine ecological environment and avoid overfishing and wanton plundering of fishery resources.The fair distribution of marine fishery resources based on the concept of justice is the fundamental way to resolve the conflicts of fishery rights,but the realization of justice is subject to the influence and restriction of many subjective and objective factors.The conflict of fishery rights is a manifestation of the abuse of private rights due to competition for interests,and it is also a manifestation of improper government intervention in the process of policy adjustment.With the economic development and the diffusion and expansion of market relations,the connection and cooperation between market subjects are constantly deepening.The extensive fishery order is no longer the private order of traditional civil subjects,but has entered multiple rights subjects and rights objects.And the compound stage of the way of exercising rights.The nature,characteristics and exclusivity of farming rights and fishing rights are different.Relying on self-restraint between actors is not enough.Therefore,it is necessary for public powers with common restraint attributes to intervene in management.From the perspective of fishery management,the existing management system has problems such as institutional confusion and unclear authority.Therefore,it should be based on regional management,with fishermen's mutual aid organizations as the link,and adopt a comprehensive management approach that is compatible with various fishery management goals.Cooperation to achieve inter-institutional organization and coordination,balance the different needs of different groups for the use of fishery resources,and resolve conflicts of interest between different users,so as to achieve the long-term strategic goal of protecting the ecological environment and using fishery resources.Historically,the understanding of the inexhaustibility of fishery resources and the theory of freedom of the sea eliminated concerns about fishery development and realized the modernization of the fleet and fishing gear.However,the reality of overfishing and resource depletion has made people reexamine the perspective of fishery development,and proposed restrictive management measures such as licensing systems and fishery quotas.As a result,China's fisheries policy has undergone a shift from encouraging fishing to restricting fishing,focusing on breeding,and combining breeding and catching.In particular,the introduction of the sea area use right system has further strengthened the state's standardized management of sea areas.However,under the background of anthropocentrism and capitalism,the development and utilization of fishery resources have been completely human-centered,with the goal of maximizing capital,ignoring the limitations of resources and striving to improve fishing capacity and increase breeding density to obtain The best interests,leading to overfishing,sea pollution and depletion of fishery resources.Therefore,the thinking of fishery management should be changed.In terms of rights protection,by adopting different preferential protection policies for different fishery subjects,it will have an important impact on the distribution of rights between fishery rights holders and fishing rights holders.In terms of system construction,on the one hand,it is based on social justice to protect traditional fishermen's right to enter the fishing industry.On the other hand,based on ecological justice,it builds a fishery waters use right system,a marine protected area system,and a sea area hierarchy confirmation system.In terms of management model,the comprehensive fishery management model is implemented,the comprehensive fishery authorization and comprehensive law enforcement system is implemented,and the application of big data information technology provides decision-making information for scientific management.