Study On The Reclamation Of The Legal System In Our Country

Management of maritime space utilization is an important content of oceanmanagement as well as reclamation management is an important component of themaritime space utilization management. Therefore, strengthen the management ofreclamation is the requirement and necessary choice of Marine management. Rise thepractical experience to the level of the system construction is more conductive to thereclamation management. Hence, study on the legal system of the reclamation hasbecome an important issue for the reclamation.Reclamation is a complete change in the activities of the marine natural attributes.No matter what methods of the reclamation were adopted, species within thereclamation area, natural landscape, will inevitably suffer "damage". What we can dois reducing the “damage” to the minimum. While strengthening the legal systemconstruction of the reclamation, not only conductive to the regulation of reclamationactivities, but also help to protect the marine environment. Based on the aboveunderstanding, the author started from the point of view of the maritime spaceutilization management and taking the Shimao Dragon Bay business project as thestarting point. On the basis of the analysis of relevant legal documents, this paper isdivided into four parts, specific addresses are as follows:First of all, this article explores the scope of”sea” applicable of reclamation, andfor the non-standard terminology for the “reclamation” used in reality, the authorpointed out that the legal meaning of it. On this basis, this paper elaborated onreclamation in China’s legislative system and the major legal system. In the analysisof the main legislative system, firstly, the author used the chart to show the frameworkof the China’s legal system of current reclamation, then, addresses the main legalsystem which reflected in the chart and related to the paper.Secondly, the author makes a simple introduction of Shimao Dragon Baybusiness project in the paper, and takes the case as an opportunity to carry out theanalysis of the causes of China’s maritime reclamation. For the case, the author pointed out the issues in China’s reclamation. In terms the cause analysis, this paperfocus on the three aspects of consciousness of using sea areas, profit-driven andmacro-legislative. Specific to the existing issues of legislative system, the authormainly pointed out aspects of the management system, waters charged in the fixedwaters compensation system,"decentralized, split the approval” in the system of landreclamation approval and bay reclamation, and the two issues of when the ownershipchanges, whether it should pay for the land transfer and should the area in exchange.The third, the paper mainly introduced the reclamation management situation inSouth Korea. Admittedly, Korea and China are different in the political system andcultural traditions, however, methods for dealing with environmental issues arewithout boundaries. This paper separately introduced the management system,reclamation planning system, paid use of maritime space, reclamation approval,ownership, liabilities and other aspects of South Korea. Then, in contrast with China,make analysis of the advanced management experience of reclamation in South Koreafor reference.Finally, for the issues in the case, in reference to Korea management experience,and put forward recommendations to improve the legal system of reclamationcombined with China’s national condition. For the issues of legislative system,legislative concept and the consciousness use of maritime space which were foundduring reclamation cause analysis, the author proposed to set up a special "Reclamation Management Ordinance"(or " Reclamation Management Ordinance")and the recommendations of establishment of China’s reclamation managementprinciples. Planning problem on the basis of foreign experience, the reclamation putforward their own proposals.In short, the paper discussed reclamation legal system issues throughcomparative data analysis, empirical analysis, comparative analysis of domestic andinternational laws, summary chart and various forms of study, in order to achieve thepurpose of improving the legal system of China’s reclamation.