The Analysis About China’s Reef Expansion And Construction Behavior In Nansha Islands From The Perspective Of International Law

China carried out a large-scale reef construction since 2014 in the South China Sea which has aroused the concern throughout the world. Philippines resorted to the international Court basing on the international law grounds and the United States took the freedom of navigation operations. All the action suggests that the South China Sea issue is a serious international law topic. In order to provide legal support to continue occupying Nansha islands, in recent years the Southeast Asian countries has been closely tracking the new trend of international practice. The research results are also very rich. Obviously they attempts to deal with the Nansha islands issue through these academic studies. However compared with the Southeast Asian countries the achievements of Chinese research are not abundant. Meanwhile resolving territorial disputes between China and Southeast Asian countries peacefully is becoming increasingly urgent. In order to do know ourselves in the negotiations, how to deal with the construction and expansion behavior is a subject worthy of considering. Therefore the article is of great time significance.The article carries out the writing from two main clues: on the right side we manage to prove the legality of China’s reef expansion and construction behavior;from the converse side we try to prove the validity through refuting various criticism from all over the world. Revolving the two main clues the passage mainly includes the following four questions.In the chapter one we find many historical proof and many arguments of diplomatic speeches to support that China owns the Nasha Islands. This fact which has been sustained by all the dynasties has abundant international law basis and ought to be beyond of any doubt. So China does not need to reinforce its right by reef expansion and construction.the objective factors(geographical position and the way of reef building), the subjective factors(the country’s intention and the declaration of negative act), sovereignty legitimacy factors(new equality principle). Then we compare China’s instruction with Japan, finding that Japan attempted to expand its land by island construction,while China is just expanding the reef in its rights span. This chapter is the key of this article.It leaves the first impression that China’s reclamation and expansion behavior is legal.The chapter three refutes various criticism from all over the world. Someone argues that China violates the 《Declaration on the Code of Conduct on the South China Sea》.This document prohibits countries from carriying out live action on the the uninhabited island, reef, beach, sand or other natural structure.Now China proceeds to reef construction without other’s objection.,So China violates the document.What’s more, China prostects the other countries’ rights of voyage and flight in the south China sea and also destroyed the ecological environment of the south China sea. Then the author respectively refutes from four aspects to explain whether China’s behavior is a violation of the document. This section discusses the legal status of the ocean islands. Now the international society for ocean islands’ s integrity problem far away from mainland has not form a unified understanding but we can draw the conclution that from the theory of international law and national practice in most countries the international society tends to treat ocean islands as a whole. Once the islands as a whole theory established, the China’s behavior is completely within the scope of the rights.Thus we also indirectly proves that China’s behavior is legal.At last the article briefly analyzes the strategy to solve the problem of the south China sea. It is necessary to draft‘ the Code of Conduct(COC) in the South China Sea’ as soon as possible. Meanwhile, we also need to take some flexible and practical foreign policy to deal with the south China sea issue. Such as making full use of various occasions to allege China’s purpose, significance and legal consequences of the construction behavior. Among all the steps,the article spends more energy analyzing the "the south China sea code of conduct".