Research On The Legal System Of Marine Living Resource Protection

The development of the protection of the marine life resources law system experiences endless process, and becomes an indispensable part of the law of the sea. Since 80's in 20 centuries, the appearance of new international maritime law system-《The United Nations Convention on the Law of the Sea》(briefly named UNCLOS), provides new and general international law basis for the protection of marine life resources, and produces profound influence to the protected legal system of main ocean nations in the world.Taking UNCLOS as main line, with the marine life resources protect law system for subject, and introducing its developing process can analyze the characteristics, principles and affection of UNCLOS which is called "ocean charter" in the protection of the marine life resources, and take into a critique to it.The UNCLOS makes detailed provision to the protection of marine life resources. This text according to these rules, takes into a critique from two angles respectively-the protection of marine life resources in different waters and the protection of special ocean species.In the part of different waters marine life resources protection, this text on the base of《United Nations Convention of the Law of the Sea》dividing ocean water, mainly involves internal waters, territorial sea, contiguous zone, exclusive and economic zone, continental shelf and high sea etc., and the point is introduction of the marine life resources protection in the exclusive and economic area and the high sea .The protection of special ocean species mainly involves to straddling fish stocks, highly migratory fish stocks, anadromous stock, catadromous species and the marine mammal including the whales.The UNCLOS established exclusive and economic area system, and the exploitation of marine life resources is one of the important purposes why the coastal states build up exclusive and economic zone. In order to restrict the country's activities in exclusive and economic area, the UNCLOS makes the protective basic theories of the marine life resources perfect, and puts forward the concept and target of the marine life resources protection. Then it quests to perfect the national law, to make use of international treaties, and strengthen the international cooperation to protect the marine life resources.The UNCLOS carries on redefining to the high seas, reiterating the principle of "freedom of the high seas", making the law position clear, and establishes more complete high seas system. It gives all countries equal right to use the marine life resources in the high seas, and also rules the homologous obligation, making the behaviors of all countries have a legal ground. But these provisions aren't perfect, existing many problems. For example, they lack the international cooperation, and don't have the wholeness of the enforcement mechanism. At the same time the allotment rule hasn't been built up. All the problems need to be resolved further. For all that, UNCLOS is important to the development of the marine life resources protection legal system in high seas. It makes the fishing become the hotspot, and promotes the establishment of the high seas fishery new order.All countries seeking the benefits of marine life resources' can't avoid the dispute in the meantime, and the UNCLOS has the special system to settle to the disputes of the marine life resources. The system has the coerciveness, and concretely analysis the conciliation, judicatory, arbitrate procedure with a comment can prove it. Combining the situation of Chinese dispute settlement system, China should participate in the international cooperation actively, with the full understanding of dispute settlement system, especially the arbitration, and it has important meaning to protect the rights of China in the ocean new order.China is one of the ocean big countries, and has abundant marine life resources, in the meantime also is the member's country of UNCLOS and its related treaty. Chinese legal system of marine life resources protection has experienced a long process, and founded the legal system with《constitution》as basis, with《fishery law》as core, coordinating with international convention of the marine life resources protection. But the system has some flaws in the aspects of lawmaking spirit, lawmaking contents and enforcement. In the meantime UNCLOS put forward a higher request to Chinese management of marine life resources. So China should try its best to perfect the law system of marine life resources protection according to the lawmaking, enforcement, management, ocean environmental protection, the request of UNCLOS and the dispute settlement system.