Research On Legislation Of Coastal Countries’ Marine Protected Areas And The Revelations To China

From ancient times to the present, humanity always needs of marine resources, however, Over-exploitation of the marine environment and resources brings the huge impact to the oceanic environment and resource,even comes into being terrible influence. Faced with the contradictions of this discord, As human change the values and ethical orientation gradually, effective protection and equitable development of marine resources is becoming an inevitable trend. Marine protected areas(MPAs) is an important method to protect marine environment and resource, protecting endangered species and their habitats of special water areas, and is taking notice by the international community. Many countries establish multiple marine nature reserves orderly, pick up the speed of protection of the law, and improve the quality of construction and management.Legal protection of marine protected areas is more complete in developed countries, For example, United States, New Zealand, Australia accumulate effective experience in legal Protection of MPA, enact the special laws and regulations of MPA, to achieve the legislation system and be hierarchical.The construction of MPA of China is later, the legislation of reserves is not yet ripe,and the regulations of MPAs are little and low effective. There is not whole planning system in construction of marine nature reserves, and lack of some management, such as public supervision and participation. So, MPA’s legal protection is inadequate. The thesis researches the legal protection of foreign MPAs, gives constructive advice to the legal protection of MPA of China, to improve the legislative framework of marine protected areas, and then Promote the implementation of the legislation of MPAs of China.In the structure, this paper includes five parts. There are four specific chapters after the preface.The first part of the thesis summarizes the legal protection of development overview of MPAs. Defines the concept of MPAs. Discuss the necessity of legal protection, in order to provide a theoretical basis for the study of MPAs. Then, combing through the course of development of MPAs, MPAs come to the deve lopment trend of crossborder cooperation is to build a network of MPAs and protected areas, which is the MPAs of China Legislation instructive.The second chapter researches the legislative history and present situation of MPA summarizes their legal protection trends. Analyses the United States, New Zealand, Australia, summarizes features of legislative system of other countries to provide a reference for our legislation. Then, specific analysis the legislative status of MPA of China. Summarizing of MPAs system of China, in contrast to facilitate the status and development of the MPAs of the world, followed by a detailed analysis of existing legislative status of marine protected areas.The Legislation of MPAs of China will involve the content of our national laws, administrative regulations, departmental rules, local status quo rules, hierarchical classification level detailed report comb, intuitive and orderly exhibits of marine protected areas legislation,the third and the chaper brings forward corresponding measures and proposals on the basis of the problem of MPAs, for example, legislative principles, legislative Guiding ideology, enhancing the legislation, optimizing the management system,and having the international cooperation,and so on. Specific suggestions were put forward at the last chapter.