Research On Legal System Of Coastal Zone Management In The United States And Its Reference To China

This paper is based on the discussion about legal system of Coastal Zone Management (CZM) in the United States, especially in Coastal Zone Management Act (CZMA) in 1972. And it puts forward some suggestions to establish relative legal system in China.The introduction part explains the contradictions between the importance of coastal zone, and the deficiency of legal system for CZM in China, hoping to inspire our country's relative legal system through the description of the United States'.The overview of CZM is launched by the key word--coastal zone. There is no unified standard to clearly define "coastal zone". Neither in theory or in legislation practice. However, its category in law is larger than its natural scientific one as a single management object. Because of this feature, our country needs integrity method for coastal zone. CZM independents from the framework of ocean management. Then, it gradually comes single measures to comprehensive and integrity process. This method is supported by a country's policy, law, administrative or planning. So there will form the goal, content, the basic measures and principles of CZM.The United States takes the coastal zone as a part of the ocean before it becomes its own management system. To be a superpower in ocean fair, the United States firstly drafts the oceanic policy in accordance with the interests of the States. So the States could establish the relevant ocean management system. At that time, the CZM was multiplied by different industrial sectors. Judging from the shortcoming, there is not a clearly division for the coastal zone. So the different industrial sectors will ignore the overall effect. Secondly, there will be inevitable legal crossover and blank phenomenon. But as the economic development and increasingly requirements for improvement of the CZM, the ocean management framework is no longer to the various interests demand. Coastal zone had already prepared to be an independent management object. Finally, CZMA came out in the United States, which adapted the trend of CZM in the world. The United States sets up three layer of the administrative management from top to down, which is called concentration management mode.As a specific object to refer, the chapter three discusses the detail of CZMA. The implementation methods are based on the federal—state cooperation relationship. Either federal policy could be used, or the flexibility of states could be maximum. But at the same time, how can the United States success to operate and coordinate different part of the government is a comprehensive problem. Those problems will provide many good thinking for our future to establish the CZM. Focusing on how to complish the management goal, CZMA have formulated some legal system. They will include the selection the management mode, the setting of the management functions. Also they promote the process of work of the United States. The essay will discuss the characteristics and the direction of review in the future.The chapter 4 will discuss how to construct the legal system of CZM. And it will proposed some suggestions. The main problem of current situation in our country is the lack of"CZMA". In addition, we still need to solve the problem in the industrial management sector, the setting of organization and its function. We can refer a lot of valuable experience for the United States. Although we had tried to legislated CZMA in 1979, now it is the right time to establish Chinese CZMA because the social development. There is a great difference between China and the United States. However, our country has been experienced the same road like the United States. So Chinese CZMA in inevitable result.