Legal Research On Management Of Fishing Port

Fishing ports are the main places where fishery production is performed and where fishermen live. They are also integrated fishery bases for fishing boats anchoring,taking shelter from wind,aquatic product handling,frozen aquatic products processing, circulation of trade,fishing gear maintenance,materials supplying,leisure and tourism. The development of fishing port plays an indispensable role in enhancing the overall competitive capacity of fishery,ensuring the safety of fishermen's lives and property,improving fishermen's income and fishing town construction, fostering fishing port economy, accelerating comprehensive development of fishery economy, social and cultural undertakings,realizing the target to build a comparatively well-off society.Since China's reform and opening, the construction of fishing port has been booming in coastal cities. Accordingly, the related management system needs to be built urgently. From 1970's, the planning cause of fishing port has been listed formally in Government's work plan. And the construction and management of fishing port is on the way to standardization and prosperity after initial stage and interim development stage.However, the current fishing port management system in China has much lagged behind fishing port future development in following aspects: in terms of planning and construction of fishing port, the lack of scientific research and rational long-term planning resulted in blindness in fishing port construction with serious reconstruction and waste of resources and funding; in terms of fishing port right system, subjects of the right of ownership, the right of management and the right of operation are not clear, the right of ownership being invaded and occupied, the bogus of property subject resulting in absence of management, the social function of fishing port being seriously distorted, which are barriers for institution construction in fishing port management and operation; in terms of construction of multi-function fishing port, it brings a new vision for fishing port development by transferring single-function fishing port into integrated multi-function one--the multifunction of fishing port in leisure, tourism not only promoting fishing port economy, but also leading the development of the surrounding fishing villages and towns in relevant industries. Being in its initial stage, it needs to be improved in overall planning, project designing, capital investing and other aspects; Only by strict law enforcement, a sound system will bring positive effect, and so does law enforcement and supervision of fishing port. In terms of law-enforcement and supervision of fishing port, the management of fishing port in our country is performed by unified management and hierarchical leadership. Management and supervision department of fishing port and fishery administration is a state administrative organ which is in charge of fishing port management of China. The system of dual leadership, namely being responsible for both its higher authorities and local government, results in the lack of independence in its management and supervision and decreasing working efficiency. The separate management and supervision by fishery administration, fishery supervisor and fishery inspection leads to multiple management, which wastes management resources, increases management costs and decreases management efficiency. The overall quality of law enforcement officers and supervisors are uneven. Financial system of self-controlled revenue and expenditure results in their deviation from their responsibility and neutrality and leads to commercialized law enforcement activities. All of these are the weak points in fishing port law enforcement and supervision.With the improvement of our legal system construction, according to the requirements of the rule of law, the enactment of Law on Fishing Port is a historical necessity. But before it comes into being, it is necessary to do related theoretical research by discussing above problems in fishing port construction and management and exploring suitable way for fishing port management which suits China's basic conditions.Based on general research on the management and related systems of fishing port, by learning from the advanced management experience of fishing port in United States and Japan, combining with the current development of domestic fishing port, this paper gives several suggestions on how to improve the management system of our fishing port from the following parts, The first part is an overview of fishing port, analyzing the legal implications of fishing port as well as the feasibility and necessity in doing research on legal system of fishing port management; The second part introduces the provisions on the planning and construction of fishing port in Law on Fishing Port and Fishery Infrastructure Improvement of Japan and points out the deficiencies in the planning and construction of fishing port in China in line with Chinese reality; The third part, by focusing on the system of the right of ownership, the right of management and the right of operation of fishing port, discusses the current three modes of fishing port operation. The fourth section introduces the successful experience of the United States. From the perspective of recreation fisheries, it makes recommendations on how to construct multi-function fishing port in China; The fifth part describes the fishing port management and law enforcement systems in United States, Japan and China; the last part makes proposals on how to improve the above four systems in fishing port management.