The Comparative Study Of Island Management System Between China And Foreign Countries

The island is an important part of our land, and which is a special area in theeconomic and social development and has immeasurable value for the society,economy, science, ecology and politics and military. The island is important for thesustainable development of China’s national economy and society. With its uniquegeographical position and rich resources and environmental advantages, the islandoccupies an important position in the country’s modernization process. In the coastalcountries and regions, increasing attention has been paid to the island protection andthe island management. In order to realize the purpose of developing in protectionand protecting in development, the relevant measures have been taken in recentyears.The development of China’s island management is relatively late, and on theDecember26th,2009, the Standing Committee of the National People’s Congressvoted through Island Protection Law of the People’s Republic of China to fill ourblank on the island law to some extent. Island Protection Law explicates the islandprotection planning system, the island ecological protection system, and theuninhabited islands of compensation for the use of the system; however, we have notpracticed Island Law for a long time, there are some problems in the actual operationinevitably. While in the field of scientific research, the studies generally focus on theresources development and evaluation and island ecology protection rather than inthe field the legal regulation of islands. In contrast, there’re a number of foreigncountries who have established certain mature island management system, whichprovide successful experience for our perfecting island management system, such asthe planning system in Indonesia, as well as the island supervision and inspection,the disaster management and acquisition, the exploit and the system concerning foreign affairs. By way of comparing of domestic and foreign island managementsystem on the island management system and studying the relevant systems, shouldwe propose the perfecting countermeasures on domestic systems to attain to theconcept of developing in the protection and protecting in the development.The paper includes four parts: the first part introduces the concepts and featuresof the island, including the island definitions, types, features, value; the contents oflegal systems around the world.The second part is of the introduction of the island’s management legal system,including the main island of management planning system, the permit system for theisland resources development，the island supervision and inspection system, islanddisaster management system, the island requisition legal system and the islandexploitation compared with foreign management legal system. Through introducingthese management system can help to extract the essence of mature foreign islandmanagement system to make proposals to improve China’s island managementsystem.The third part is about the legal system of China’s island, mainly including theisland planning system, the island classification system of protection, the island ecorestoration system, island resource investigation system, the island informationmanagement system, state-owned non-residents island system and the system ofpayment after use, island development and utilization of the supervision andinspection system.The fourth part is of the management legal system of foreign countries to makethe reference for China. They’re: the status of China’s island management planningsystem and shortcomings; the island management planning system managementmechanisms and division of island management planning system; the advice on thepermit system for the island resources development, including improvements in thewaters around the arrangement of the fishing permit system, to establish refinementisland resources development permit system. The advice involves therecommendations for the island supervision and inspection system, including theperfecting significance, the role of supervision by the masses, perfecting island law enforcement inspection and supervision, developing supporting systems. On therecommendations for the island disaster management system, the author proposesthe island disaster risk assessment, the island disaster risk monitoring and earlywarning system, emergency evacuation. For the island requisition system, the authorintroduces the island expropriation purposes, the procedure defined in thespecification; island requisition compensation; handling of the dispute.Recommendations for the island exploitation and diplomatic management of thelegal system, the author introduces the legal status of our country, selection ofexploitation and protection measures, relevant preferential policies, and themechanism on the recommended area.