Studies Of Our Country's Fisherman's Rights And Interests Protection By Economic Law

In recent years, the fishery of our country has got swift and violent development, but behind this kind of one that developed at full speed, there still have a lot of questions that we have to pay close attention to. Two outstanding problems among them are the fisherman's fishery rights and interests protection and the aquatic products competitiveness. With the development of market economy, the implementation of the construction plan , the development of the marine resources, and other all sorts of reason, fishery rights and interests of fisherman encroach on and threat a more and more one, fisherman's rights and interests can not often get effective relief and compensation either after being encroached on. The situation of the rights and interests is severly . It is mainly the relevant laws and regulations which lack the clear legitimate rights and interests of guarantee fisherman to belong to its reason, the effective protection of fisherman's fishery rights and interests needs through legislating to carry on system innovation and perfect. And fisherman's rights and interests are taking economic benefits as the centre, economic benefits attribute protects fisherman's rights and interests with the economic law to link up organically, have protected and offered feasibility and necessity in order to study fisherman's rights and interests by the economic law. The research of the aquatic products competition in the past pay much attendtion to the international trade theory but often ignore the influence that the domestic right protect affect the aquatic products competitiveness. In fact, it has close contacts with promotion of the competitiveness of the aquatic products that fisherman's rights and interests are protected, promotion that fisherman's rights and interests got effective protection and can promote the competitiveness of the aquatic products greatly. Conversely, the promotion of the competitiveness of the aquatic products is favorable to the effective protection of fisherman's rights and interests again. Because of this, this study is on the basis of analysing fisherman's rights and interests and aquatic products competitiveness basic theories, the competitiveness as the goal with the aquatic products, regard economic benefits as and connect with the joint, have built up the protection system of fisherman's fishery rights and interests from the visual angle of the economic law.While studying, I have probed into fisherman's fishery rights and interests and protected and promoted the theoretical foundation that the aquatic products competitiveness at first, expound fisherman's fishery right and basic intension of fishery's rights and interests , distinguish and getting in touch at first , then lifting the competitiveness and carry on the theory to analyze to the aquatic products from the economic theory visual angle and system theory visual angle separately. The theory of seeking fisherman's fishery rights and interests from study the science and protecting and promoting the aquatic products competitiveness is contacted .Secondly, the research that compare domestic and international fisherman's fishery rights and interests protection system, summarize fisherman's fishery rights and interests and protect and promote the experience enlightenment that the aquatic products exported the competitiveness, and analyse through the real example of the typical case , announce the realistic state that fisherman's fishery rights and interests of our country protect and have problems.Moreover, on the basis of seeking fisherman's fishery rights and interests to protect with agreeing with clicking essentially of economic law, run and analyse to the mechanism among them , structure out the interests mechanism system of protecting fisherman's fishery rights and interests of the economic law, including the interests and emerging , the mechanism , mechanism of distribution of interests, interests represent the mechanism, ensure producing the mechanism.Finally, in defining that the economic law protects the idea foundation of fisherman's fishery rights and interests, carry on concrete legal system design. Under the circumstances that the goal of promoting the system that the aquatic products exports the competitiveness is guided, build up the economic legal system degree that fisherman's fishery rights and interests of our country protected from the main body , macro adjustments and controls , market structure and four respects of sustainable development of the market. Offer helpful reference for legislative practice.