A Comparative Study On Marine Fishery Laws Between China And Korea

China and Korea are traditional fishery countries,both of them paysgreat attention to the development of the marine fishery resources.Sincethe two country have different political and economic system andexperienced different history,the legislation of the marine fisheryresources also different. In recent years,Korea revise lawsconstantly,which improved marine fishery resources laws and rules alot.However,research results on Korean fishery laws of Chinese legalscholars’ are not enough,expecially in recent five years,Korea reviselaws very frequently,which means our current study results can not reflectKorean marine fishery resources’ present legislation.Therefore,thisarticle analyzed Korea marine fishery resources legislation through thecomparative research method,to summary Korea advanced legislationexperience for reference,and give advice on improve our marine fisheryresources legislation.This paper can be divided into three parts besides the preface andconclusion.The first part introduces the general situation of marinefishery of this two countries’.The second part as the main part of this paper provide the basis forthe third part.First of all,our country enact "Fishery Law"as the mostimportant law in the marine fishery resources legislation system,whileKorea enact "Fishery Resources Management Law".According to Korealaws,the fishery belongs to the category of aquaculture.So Korea alsoenact"Aquaculture Law"to adjust fishery activities specially.It isnecessary to clear fishery,aquaculture and some other definitions relatedto this paper.Seondly,the marine fishery resources legal system aredifferent between this two country."Fishery Law"is the most important law of our marine fishery law system,while Korea marine fishery systemcontain both aquaculature law and aquaculture management law.Industry andresources adjusted by diffenent laws is an important characteristic ofKorea.Legislation analysis of the two countries provide basis for thebelow part which summary characteristics of marine fishery resourceslegislation of Korea,and also let us to see the shortage in ourlegislation.Because the special geographical problems between the twocountries,it is necessary to study the EEZ fishery resources exploitationproblems to strengthening our EEZ fisheries management,which is one ofthe purpose of this paper.The third part put suggestions to improve our marine fishery resourceslegislation and solve fishery disputes in EEZ.Our country fishery legislation start late,so current legal systemstill have many aspects to perfect.Through the study of this paper,thereare many ways we can learn or reference from Korea laws.The auther hopethe study and suggestions of this paper can make a little contributionto perfect our fishery law and realize the sustainable development of thefishery.