Research On Legal War Of Maintenance Of Sovereignty Over Diaoyu Islands

In recent years, as the maritime rights disputes between China and Japan tend to be nervous, the waters of the East Sea has a serious influence on the normal development of Sino-Japan relations between the two countries. Among them, Diaoyu islands sovereignty dispute is the most sensitive and most difficult problem in recent decades. Facing of mounting of the Diaoyu islands sovereignty dispute, scholars at home and abroad mainly Diaoyu do some research from the perspective of geographical history, legal problems and current and future situation of this island. However, legal war on sovereignty over Diaoyu islands lacks systematic study. As a result, a reasonable legal battle to maintain the Diaoyu islands’sovereignty has the vital significance to safeguard China’s sovereignty, eliminate contradictions between China and Japan, and stabilize the Asia-pacific region on the overall situation of strategic development.At present, legal battle over the maintenance of the Diaoyu islands sovereignty still need-further research. The premise to carry out the legal battle is the reasonable use of law. We should take the Diaoyu islands’sovereignty as the research object, centre on the national strategic intent and military struggle and use the history and international law as our weapon. We should fully utilize international law principle such as "first" and "aging" and "natural extension" in unowned islands sovereignty, making use of the relevant international conventions and Japan’s leading scholars’objective interpretation over the Diaoyu islands sovereignty. By means of legal pre-emptive strike, we can occupy the advantage of jurisprudence and propose legal fight with Japan, then grasp the initiative position politically and militarily.Legal subject and methods is the key to maintain the Diaoyu islands sovereignty belongs. According to the actual situation of China, resolving the dispute over the Diaoyu islands sovereignty should avoid means of international arbitration. It should be based on the basic principles of international law, making adept and flexible use of the relevant provisions to solve the problems. Take the Diaoyu islands as example, China should further announced the baselines of the territorial sea that belongs to the other islands, making clear our jurisdiction over maritime boundaries, and further integrating the Marine department’s maritime rights for protection of law enforcement. Facing Japan’s "secretly island" behavior, we should implement legal deterrence and legal sanction in accordance with the law. This is a new way of resolving the dispute over the Diaoyu islands sovereignty.The clarity of before-war and postwar work is the specific way to maintain the Diaoyu islands sovereignty. We should improve the domestic law and international law, coordinating legal battle with the military strike, and strengthening the legal war education and training. We should combine legal battle with the public opinion warfare and psychological warfare in order to maintain the Diaoyu islands sovereignty. A marine law enforcement pattern should be established so that the army is always in the people. Kinds of activities about the maintenance of Diaoyu islands sovereignty should be adopted to effectively consolidate the achievements after the war. Powerful legal protection should be provided for Diaoyu islands.In a word, legal battle of maintenance of the Diaoyu islands’sovereignty is a long-term and arduous war, involving the normal development of Sino-Japan relations and the stability of the Asia-pacific region. Therefore, we should use international law and international conventions correctly and reasonably, occupying the legal high ground in the maintenance of the Diaoyu islands’sovereignty in this legal battle, winning advantage for strategic initiative position. Corresponding countermeasures should be put forward based on the problems existing in the legal battle subject. In combination with the laws and with use of legal battle battlefield strategy, we can safeguard national dignity and sovereignty, and win the legal battle of sovereignty over Diaoyu islands.