A Comparative Study On Island Legal System Of China's Neighboring Countries

Islands is the major part to constitute the state oceanic land, which stand for the great value on the aspects of society, economy, ecology, politics and military, which has a paramount meaning to the economic and social sustainable development. For that, our oceanic state neighbors attach great importance to islands legislation; they adopted lots of laws and regulations related to islands management so that shall fulfill the value of the islands. For example,,,.The above laws, regulations major stipulated integrated management system of islands and ecological protection, and the former system emphasized the importance of islands planning, which set up the licensing system of exploiting islands. And in order to prevent environmental pollution and ecological damage the law set up the system of environmental protection and so on. System of protection of ecological environment mainly includes Environmental impact appraisal system and Natural Reserve System.In order to protect islands and its neighboring sea area ecological system and to exploit natural resources of the islands, to shield national maritime rights and interests and to promote sustainable development of social economy. On December 26th,2009, National People's Congress adopted, and this law attach great importance to the islands exploiting order and has paramount important meaning to the islands resources protection. But for the law is put in to practice for not a long time, it is unavoidable in the practice, and in order to implement this law, we could draw lessens from the oceanic neighboring countries. This paper chooses comparative analyses methods, which offer the feasible advices to implement this law in practice. On the aspect of integrated management, we should stipulate islands management plan, make more regional plans, and strictly manage the procedure of licensing exploiting application, and set up legal organizations of islands environmental fund organ. On the aspect of islands environment protection and resources exploiting, we should make more detailed regulations for the impact assessment of islands and perfect system of registering and transferring to the islands.This paper include six parts, the first part discusses the introduction of the islands and its related law; that is the definition of the islands, primary attributes; The second part analyzes the layout of islands and administrative jurisdiction of China and its neighboring costal shell countries, which including North Korea, Japan, South Korea, the Philippines, Malaysia, Vietnam, Indonesia, Brunei these eight countries; The third part discusses the neighboring countries'whole management legal system, which including: Planning system, Licensing system, Environmental Fund System. The fourth part including legal system on ecological system protection and resources exploiting of the neighboring countries, refers to the Environmental Impact Appraisal System, Natural Reserve System and Systems of Prevention and Control of Environmental Pollution, and System of preventing and reducing hazards and other systems. The fifth part analyses the legislation of islands in China, which explaining its legislation development, promulgate, and its meaning, the contents of this law's legal systems, that is system of islands property, management system, planning system, system of legal protection. The last section of the fifth part narrates the problems in the practice. The sixth part compares the regulation and legal practice of neighboring countries, then put forward my opinions on the aspects of management and ecological resources protection, and to discuss the operation in practice in the systems of islands layout, environmental fund, right of use of islands and environmental impact assessment. And renew the Licensing system referred in the sea islands protection law.