The Improvement Of The Legislation Of Marine Resources And Environment In China

Nowadays, the rapid growth of the world’s population, per capita arable land is becoming more scarce, coupled with over-exploitation of resources, and the deteriorated environment have brought increasing pressure to modern man. Ocean, which covers most of the Earth’s surface and is rich in marine resources, has become the final platform for the sustainable development of human beings. With the constant development of the science and technology, there will be much more possibilities for us to take good advantage of the oceanic resources. Ocean serves as a resource base for the economic and social development of coastal countries in the world, and deeply affects their rises and falls. Because of this, ocean is considered to be the precious wealth and final space for the sustainable development of human society in the21st century. At present, every country in the world starts to bolster spending to enhance their marine competitiveness. Meanwhile, these countries also establish and perfect the law of their marine environmental resources. China, with no exception, has gradually realized that the future economic and social development will increasingly depend on its marine resources."United Nations Convention on the Law of the Sea" with high innovative spirit, is to strengthen the protection of the marine environment and resources, and includes new rules and regulations of "the International Law of the Sea", which aims to achieve the marine sustainable development. After the "Convention" had taken effect, countries in the world all set up the marine sustainable concept, re-regulated the marine exploitation behavior, made new laws and regulations of the marine environmental resources, and improved their marine legal systems.The thesis is to make a study on this subject from four chapters. Chapter One firstly gives an overview about the sustainable development and marine environmental resources, which is helpful to understand the connotation of sustainable development, and the connection between marine environment and resources. In this way, we will achieve the goal of marine sustainable development by the protection system of coordinating the two. Afterwards, a brief analysis of the relationship between the current marine sustainable development and related legislation will be given.An illustration about the legislative development of the international marine environmental resources will be made in Chapter Two. First of all, the author will introduce "The United Nations Convention on the Law of the Sea" and its effects, and emphasize that its profound significance to the marine environmental protection is in line with the international ideal. Then, the author will briefly introduce American and Japanese marine legislation concepts and the specific provisions about the sustainable development principles in the law.The third Chapter will provide details on the present situation of the legal system of marine environmental resources in China and its defects. In the first stage, the status quo of China’s marine environmental resources legislation will be described. In the second stage, via the analysis of this situation, the defects of our marine environmental resources legislation will be illustrated from four aspects.The content of Chapter Four is an advancement of the marine environmental resources legal system from the concept of sustainable development perspective. It firstly demonstrates the importance of setting up the principles of sustainable development in the marine environmental resources legislation, which will act as a legal basis for innovation. Next, according to the legislative defects given in Chapter Three, the author is to put forward specific suggestions to improve the legal system of China’s marine environmental resources, i.e. to speed up the establishment of "The Ocean Basic Law"; to improve the marine administrative management and legal system; to achieve the effective operation of the legal system of marine environmental resources and to prompt the improvement of the legal system of China’s marine resources.