Research On The Legal Guarantee Of The Development Of Ocean Resources

The ocean is a treasure trove of resources is an important part of mankind’s survival and development of the natural environment. Marine resources refers to all the resources that exist in the ocean space is a total of all types of resources in the ocean called, is a complex resource system, the concept of a collection. And it is necessary to protect marine resources. This is on the one hand to draw land resources have been severely damaged, the inevitable choice of the ecological difficult to recover from the lessons of history. Marine resources development and utilization of the status quo, on the other hand, makes us need to revisit the existing system of protection and management of marine resources, pay more attention to the protection of the marine resources. Protect marine resources; the legal system is to adjust the combination of legal norms that protect marine resources in social relations, legal institutionalization of the protection and rational utilization of marine resources. The theory is closely related to the legal system of marine resources, including property rights theory, the theory of value of resources, ecological security theory, theory of executive power, build a sound legal system of marine resources protection system, requires the help of these theories and views.To improve and perfect the legal system of marine resources development is the urgent need for the development and protection of marine resources, improve the legal system of marine resources to ensure the tube sea "in accordance with the law and in accordance with law" sea ", to prevent the development of marine resources activities" free and disorderly excessive "phenomenon, reasonable and orderly, in order to ensure the rational use of marine resources and sustainable use of marine economy in a sustained and healthy development. So, marine resources, improve and perfect the legal system should focus on marine resources conservation and sustainable use one of the targets. China so far has enacted a series of laws and regulations relating to protect marine resources and marine management, initially to protect marine resources constitute our legal system. In this paper, from a legislative perspective that protects marine resources in China legal system should have the following components:the Constitution; law; administrative regulations and other normative documents; local laws and regulations, government regulations and other normative documents; international regulations. These by the authorities in different countries, with different legal status and effect of normative legal documents, constitute protect marine resources in China normative legal file system. Of marine resources legal system there are still many shortcomings, such as our maritime legislation the heavy pollution prevention and control, light resource protection "," heavy marine resources development and utilization, and light protection or conservation of marine resources; single line of marine resources laws and regulations poor coordination; marine resources, there are still many legal gaps in the legal system.Principles of international law regulating marine development, which is the major issues facing the world. China has already proposed marine development of the strategic decision-making, has been with the implementation of the strategy of the economic base, but to ensure that the key of the strategy is to improve the legal system of marine development. China’s marine resources development and utilization of the legal system is not yet complete, is not sound, such as "Sea Area Use Management Law" Although the promulgation and implementation, but there are still a lot of problems in the legislation; integrated coastal zone management legislation has not yet been introduced; integrated of marine resources legislation within the foreseeable future. The author describes the legal measures to respond to marine development framework, pointed out that the development of marine resources and legal system in China is the most urgent task is to be the existing legislation and summarized, drawing on the success of the foreign marine resources development and utilization of the legal system, on the basis of a unified, standard, full, rich existing marine resources development and utilization of the legal system.This is the purpose that why the author writes the thesis, hoping to have already thrown the function that the brick leads jade.