The Condition And Safeguard Of China's Sea Rights And Interests

After〝the UN Convention on the Law of the Sea〞becomes effective, the international sea situation has had the deeptransformation, pays attention and maintains China's sea rights and interests to become day by day is essential and urgent. This article carries on the preliminary discussion from the geopolitics angle to China's sea rights and interests. The full text consists of four parts. The first part briefly reviews the international law of the sea development course as well as the sea power view connotation vicissitude.It emphasisly introduces the birth of〝the UN Convention on the Law of the Sea〞and the theory of Ma han's seapower and Gorshkov's modern seapower.The "UN Convention on the Law of the Sea" main frame is territorial waters system, the adjacent zone system, the special economic area system, the continental shelf system and international region system . Ma Hanhai the power theory main support system is establishes the navy system, the transportation system and anchors the system, its core is the country has the powerful controlling force to the sea.The geographical position, the shape constitution, the territory scope, population quantity, the national characteristic and the government nature are six basic conditions which the sea power discusses. Gorshkov believed that, the national marine might including the national research sea and development marine resource ability, transports the fleet and catches fish the fleet present situation as well as they safeguards the national demand ability, as well as with safeguards the navy which our country benefit adapts.The national marine might theory and is the modern sea power view centralism manifests by the sea to the land strategy theory.The second part outlines material carrier and main connotation of the Chinese sea rights and interests. sea area of China is the material carrier of the sea rights and interests. the Chinese sea rights and interests main connotation includes the right of enjoying each right in the international sea and navigation of ship and the deep sea mineral resources. The sea right of country is navigation freedom, the leap which enjoys in the international waters free, lays down the submarine cable and the pipeline freedom under the controlled condition, catches fish free and the scientific research freedom as well as in the international law under allowed constructs the artificial islands and other facility freedom. The ships right of navigation transforms into a China's industry is the marine shipping and the warship right of navigation. The deep sea mining area is universe's coinheritance property, represents the universe organization and the control by the international seabed administrative. China obtained the area in the Pacific Ocean to reach 150,000 square kilometers polymetallic tuberculosis to open the area The third part elaborates many challenges which the Chinese sea rights and interests face. The dispute of sea area marks﹑the Chinese islands which invaded by other countris﹑the fishery and the oil gas resources which mined by sheet aspect and safe frail of the marine route are the biggest challenges which the Chinese sea rights and interests face. Marks off the aspect in the sea area, in South China Sea, China and Vietnam, the Philippines, Malaysia and Indonesia formed has reached as high as 800,000 square kilometer sea area overlap areas; In East China Sea, China and Japan, South Korea will form are near 300,000 square kilometer sea area overlap areas.In Yellow Sea, Chinese and North Korean, South Korean shape existing agreement 70,000 square kilometers overlap areas. In the islands dispute, Vietnam, the Philippines, Malaysia and so on divide in abundance occupy China's many Nansha Islands, but Japan draws support from US's strength to control China's Diaoyu Island, and the sea area resources carries on the control and plundering to Diaoyu Island nearby. Enters for the 21st century, China's navigation route is facing traditional and the non-traditional dual safety factor threat safely.The fourth part proposes countermeasures which maintains the Chinese sea rights and interests. the challenge of the Chinese sea rights and interests is various,so,it need vigorously maintain China's sea rights and interests through enhancing seapower﹑implementing the positive foreign policy﹑ consummating sea legislation heightening national's sea idea and developing oceanographic science and technology.First, through the national impetus and the prop, increases specially in elementary and middle schools' geography history education about the sea national territory aspect knowledge chapter, speeds up the sea consciousness the education and the popularization, with the aid of ways and so on media, marine traveling, sea museum strengthens national's sea idea. Speeds up the sea legislation advancement, specially the marine artificial islands, the facility and the structure construction as well as the foreign military ships the navigation and the stay rule and so on do not have the corresponding sea legal regime in our country territorial waters and the domestic waters. The oceanography research, the sea investigation and the marine resource development is the sea activity three big constituent, but the sea investigation is the oceanography research and the resources development foundation, provides the basic source material and the basis for it. The United Nations stipulated the various countries must in May, 2009 before marks off the committee submission correlation sea area to the United Nations sea area the exhaustive material, therefore, who has this aspect exhaustive material, who can occupy initiative in the legal principle theory of law. Marks off regarding between China and the marine neighboring country about the sea area with the marine resource contradiction, China needs to launch the massive environment resources investigation and the legal principle theory of law history research, obtains comprehensive, the precise sea survey data and the correlation proof material, launches the negotiations for China and the neighboring country to provide the full advantageous material. Adopts the good neighborliness and friendliness positive foreign policy, participates in both sides or multilateral sea security cooperation business positively, further explores solves each kind of conflict mentality and the mechanism is maintains the Chinese sea rights and interests the important peace method. The maintenance decisive strength of Chinese sea rights and interests is seapower specially the marine power. Therefore, speeds up the coast defense modernization, establishes the science of marine defense and the safety mechanism, enhances marine military and the police strength, sets the China coast guard up, has and develops strengthens Chinese Navy long-distance attack ability and the deterrent capability aircraft carrier, can fundamentally prevent each kind of influence by the military force to infringe country sea rights and interests and then maintain national the marine security.