Research On Chinese Ocean Basic Law

The earth surface that we human depend upon for survival has about 70% is covered by oceans. More than half of the world's population are living within 60 kilometers from the coast in coastal areas, and most of their countries on the Islands. Along with the rising of the utilization of the oceans, the dependence on the sea is also increasing, it is necessary for human survival and development. Interests that promise chase, and in pursuit of the process will lead to conflict of interests between the chasers. Consequently, in order to use the ocean peaceably, in 1982, he Third United Nations Conference in 1982 adopted the "United Nations Convention on Law of the Sea" (hereinafter referred to as the Convention).As the first marine regulations issued by the United Nations, it is a general guidance for the world's oceans policy. Its appearance is conducive to safeguarding the common heritage of mankind and national legitimate rights and interests on the marine. It establishes a certain foundation for the countries to maintain their rights on the sea.The Chinese government also contributed their own strength, in the development process of the Convention, to participate actively in the formulation of the Convention and related documents, and the work of the struggle against the hegemony on the sea, and adhere to fair and reasonable solution to deal with maritime disputes. But when the great powers have formulated a set of Basic Laws suitable for their own countries, China has never issued one pair of ocean issues, including integration with guidelines or Ocean Standards Law. During the century that maritime disputes is growing, to make the Basic Law for China's maritime development has become indispensable tools that required.This text synthesized to make use of the theories contact actual method, the Ocean Law is theory, to contact their own national conditions and strength, thus making more scientific ocean policy. And By conscientiously sum up the lessons of history and the national maritime legislation on foreign development of the marine contrast, you can see a big trend in ocean legislation is comprehensive from the individual to the Legislative Council. Face this legislation, the strengthening of our legal system is the key to formulate the Ocean Basic Law as soon as possible, and to ensure the safety of marine rights and interests. In the style arrangements, the paper has four components. Chapter 1 is mainly about the development of economic in the major coastal state,the international Ocean Basic law and the trend. Chapter 2 is mainly about the Analyzed of the Ocean legislation of Canada, Japan, Britain and other countries, then describes the trend of Ocean legislation in other counrties in the basic of the previous description. Chapter 3 analyzes the problem of Ocean legislation and the necessity and practicability of establishing the Ocean Basic Law in our countries, from the outline of the Ocean legislation in Chinese. Chapter 4 proposes the main content of Chinese Ocean Basic Law on the basis of comparative the previous chapter.The description of this article will be help to realizate our power ocean country and provides the solution for protecting our marine rights and interests.