Research On The Necessity And Feasibility About Formulating Ocean Basic Law In China

Ocean plays an important role in human's life. It also plays an important role in the coastal country's sustainable development. With the development of society and the progress of science and technology, people use the ocean towards to diversify. The sustainable development will increasingly rely on marine; countries also pay more attention to the maintenance of Marine rights.United Nations Convention on Law of the Sea establish new order of the world's oceans, it makes countries to improve awareness of the importance of oceans. Many coastal countries in order to obtain political, economic, military and strategic interests of the favorable trend to broaden the range of ocean issues, competing for the national maritime strategy and policy adjustments to enhance domestic and foreign policy issues in marine in the position. More and more countries accelerated legislative process, the relevant provisions of the development of competition and the trend of the world's oceans, hard look at their national ocean policy, the development of national marine basic law, maritime legislation, planning, rights management and marine increased efforts. Development of Ocean Basic Law and the integrated management of oceans has become the world's major marine national maritime legal development.China is both a land and a maritime country. It should have a command of the basic areas of marine law. After the founding of New China, China's marine legislation has been greatly developed. But so far China is still not take on the overall development of the fundamental law of the sea, a lot of the marine laws and policies are mostly developed for the marine departments, departmental interests outstanding, less comprehensive, and coordinated with each other enough, and some even conflict with each other.Formulating Ocean Basic Law is necessary.Development of Ocean Basic Law, to determine the cause of China's marine development of the basic principles, policies, development goals and planning, marine policy, planning, management system, management principles and systems to a unified, standardized, comprehensive implementation of the marine planning and management, and for the development of maritime law to provide direct individual basis. Meanwhile, China will also solve practical marine rights and interests that exist in the domestic legal basis for dispute resolution, enabling a rational section for us to handle maritime disputes, maritime rights and interests and properly solve disputes play a major role.The paper can be divided into 5 parts. And the first part is the basic contents about the background introduction. Starting from the analysis on ocean strategic positioning, we can get the importance for the counties to explore, use and manage the oceans. The second part states the international marine new orders formulated after the enactment of United Nations Convention on Law of the Sea to lay certain theoretical background basis for the later discussions on the related Marine legislations and policies about the world's maritime nations. The following part, we will introduce about the world's other marine powers for their legislation and policies respectively, and through comparing we can see the necessities and urgency for our country to formulate basic maritime law. The third part will explore the necessities for our county's formulation of basic maritime law from the theoretical levels. The fourth part mainly explores the necessities of formulation for Chinese ocean basic law from the practical levels. And the fourth part will testify the feasibilitics for formulating ocean basic law through domestic political environments and legal environments. Based on the above statements, we will get the overview about necessities and feasibilities for our country's formulation for ocean basic law. While the purpose of our study aims at directing practices. Hence, the last part of our paper attempts to propose the framework for our country to formulate ocean basic law based on the former statements and analysis. The guidance and legislative mind-set for our country's formulation of basic ocean law, the problems that should be pay attention to on these issues, and the suggestions for the frameworks of the main contents, all of them are for better safeguarding and protecting our country's maritime interests and rights. At the end of our paper, we will have a brief statement about the strategic aims for realizing our country to be a giant power in maritime fields. For this object, we not only need to formulate the basic ocean law but the other measures that we should strive to achieve for regulating it to sound functions.Development of Ocean Basic Law can improve the marine legal system, preserve our rights, and improve the management of ocean. This is exactly the significance of this article.