The Study Of The Legal System Of Division Of Marine Functional Zonation In China

Ancient Rome politician Cicero said that whoever can control the sea, who willcontrol the world. The ocean is one of the important constituents in the global lifesupport system. It is the precious wealth of human society sustainable development.China is a country with big ocean. Her sea area is very vast, and marine naturalresources are very substantial. In recent years, the marine economy of our country iscomprehensive, and has a rapid development. The marine development of the breadthand depth has been hitherto unknown. In2011, our country marine GDP exceeded4.3trillion Yuan. What is more, the position of the marine economy is increasing in thenational economy.However, there are some problems appeared in the process of the developmentand utilization in our country. For example, the exploitation and utilization of ocean isnot reasonable; the overall level is not high; the use of sea in every industry iscontradictory and outstanding; marine development activity is in disorder; marinepollution is serious; the marine environment quality worsens; the marine ecosystem isdestroyed; marine general management is weak; a unified planning and coordinationmechanism is not perfect. In order to solve the problems and ensure our countrymarine exploitation on healthy and sustained way, in1988, China put forward thedivision of marine functional zonation concept. And in2001, our country made thelaw " Sea area use management method ". It is established as one of the basic systemin China’s sea area use management.Division of marine functional zonation means that the sea is divided intodifferent functional areas on the basic of the area of geographical location, naturalresources and environmental conditions in considering the needs of economic andsocial development. It determines the area’s dominant function. Generally speaking,the marine functional zoning is the solution of a sea for what to do, and the mostsuitable for the problem of what to do. It provides a scientific basis for protection and management of the ocean exploitation.After more than20years’ development, China has established a relatively perfectmarine functional zoning system, and has made a series of laws and regulations.However, there also exist some problems in the division process. For example,China’s marine functional zoning classification system and classification systemremains to be perfect; there is a gap and unreasonable things in the law, and theexisting legal provisions is the principle regulation for the most, and it lack relatedimplementation details, so the maneuverability is not strong; in the process ofimplementation of the division, the law enforcement’ division consciousness is notstrong; the skill level is limited, and there exist some phenomenon which are not instrict accordance with zoning approval application for using sea areas.The year of2012is the tenth year of the carrying of “sea area use managementlaw” and our country is carrying on a new round of planning revision work. So it isnecessary to make further analysis of these problems, and puts forward thecorresponding countermeasures. In order to solve the problems in the division ofmarine functional donation, the key is to make the marine functional zoning laws andregulations of the relevant provisions through adding blank law, and to adjust thedivision system, to perfect a complete set of rules for the implementation ofregionalization, to improve the scientific and operational of the zoning. In addition,we should strengthen the publicity education, raise the awareness of the importance ofregionalization; finally, in order to ensure the marine functional zoning system to bestrictly implemented, it is important to clear the illegal responsibility, increase theintensity of law enforcement, and improve the division of supervision andmanagement system, and track and value the implementation of he marine functionalzoning.The implementation of the division of marine functional zonation systemprovides a scientific basis for the rational development and utilization of marineresources in China. It protects the marine environment and strengthens thecomprehensive marine management. Therefore, we must solve the division problemsas more as possible to improve the division and the scientific nature of the operation and ensure the smooth implementation of the marine functional zonation system.