Research On Legal Protection Of Foreign Marine Natural Reserve And The Revelation To China

Over-exploitation of the marine environment and resources brings the huge impact to the oceanic environment and resources, even comes into being terrible influence. As human change the values and ethical orientation gradually, effective protection and equitable development of marine resources is becoming an inevitable trend. Marine natural reserve is an important method to protect marine environment and resource, protecting endangered species and their habitats of special water areas, and is taking notice by the international community. Many countries establish multiple marine nature reserves orderly, pick up the speed of protection of the law, and improve the quality of construction and management.The legal protection of marine nature reserve is more complete in developed countries, promoting the development of national reserve srongly. For example, United States, Canada, Australia accumulate effective experience in legal protection of marine nature reserve, enact the special laws and regulations of marine nature reserve, to achieve the legislation system and be hierarchical. In the process of marine nature reserve's construction, carrying out the option, screening and evaluation system, in order to achieve reasonable planning and programming. At the same time, the management is distinct levels, transparent and efficient, the reserve carries out the effective monitoring mechanism and guarantee mechanism, to form a complete legal system of management.The construction of marine nature reserve of china is later, the legislation of reserves is not yet ripe, and the regulations of marine nature reserve are little and low effective. There is not whole planning system in construction of marine nature reserves, and lack of some management, such as public supervision and participation. So, marine nature reserve's legal protection is inadequate. The thesis researches the legal protection of foreign marine nature reserves, gives constructive advice to the legal protection of marine nature reserve of china. Study the foreign marine nature reserves successful experience, referring to take options, screening and evaluation in the establishment of marine nature reserve of china; in the management of reserve, take the practice of "round table", to strengthen consultation and public supervision and participation. The thesis also builds legislation of marine nature reserve of china, to promote the legal protection of marine nature reserve in china. Main findings of the thesis are as follows:The first part of the thesis summarizes the legal protection of marine nature reserves, comparatively analyses the nature reserves, marine nature reserves, marine protected areas, to define the marine nature reserves. Discuss the necessity of legal protection, in order to provide a theoretical basis for the study of marine nature reserves.The second chapter researches the legislative history and present situation of marine nature reserve, summarizes their legal protection trends. Analyses the United States, Canada and Australia, summarizes features of legislative system of other countries, to provide a reference for our legislation.The three chapter researches the establishment and planning of marine nature reserves, analyses the institutions, legal proceeding and planning legal system, points out to establish alternative and selection systems, reserve system and the whole planning system, to achieve the maximum utilization of resources and avoid the problems after the establishment.The four chapter researches the management system, the input of fund system, multi-partition system of reserves, points out the nature reserves requires horizontal and vertical management system, needs a special zoning management, to prevent the duplication of management.The five chapter analyses the establishment of marine nature reserves of our country, as well as legislation, planning and management, brings forward the problems, including legislation system is imperfect, the whole planning system and position is irrational, management is distemperedness.The last chapter brings forward corresponding measures and proposals on the basis of the problem of marine nature reserves, for example, enhancing the legislation, optimizing the management system, improving the establishment planning system, and having the international cooperation.