Research On Legal Issues Of The Control Of Navigation Marks From The Perspective Of The Interests Safeguarding In South China Sea

The situation of sovereignty dispute about Islands and reefs in the South China Sea is still grim.China should actively use the theory for solving territorial disputes in international law to safeguard the interests of the South China Sea jurispridentially.When International Court of Justice judges the cases related to territorial disputes,judges are accustomed to using Effective Control,therefore Effective Control is an important rule to protect our state interests in the South China Sea.The crucial elements of Effective Control is to exercise state power effectively,whose main aspects are legislative power,executive power and jurisdiction power.Navigation marks are low-sensitive international navigation guiding tools.This thesis wants to implement Effective Control by navigation marks controlling.Since the main purpose of navigation marks controlling is to implement Effective Control,then the content of navigation marks controlling shall include the related legislation,enforcement and criminal judicatory protection of navigation marks.However,there are many defects in related legislation,enforcement and criminal judicatory protection of navigation marks which are applying to the South China Sea.To a certain extent,these defects have influenced the effect of state interest safeguarding by navigation marks controlling in South China Sea.Combining with the particularities of the South China Sea and the realistic demands of state interest protecting,this thesis will give relevant legal advice to cover the shortage towards the three aspects mentioned above,which would help to safeguard our state interests by navigation marks controlling.There are four chapters in this thesis.The first chapter established the organic links between Effective Control and navigation marks controlling by expounding the strategy that state interest protecting relies on navigation marks controlling in South China Sea and the relationship between navigation marks controlling and Effective Control.In the chapter two,through comparing navigation marks laws and regulations and related stipulations,the paper analyzes the shortages and defects in the legislation and provides suitable solution to solve these problems and correct the defects.In the third chapter,the paper demonstrates the specialties of navigation marks law enforcement and introduces the subject and content of law enforcement in the South China Sea.Through analyzing the two aspects mentioned above,the paper finds current navigation marks law enforcement system in South China Sea is unsuitable to the specialties of it and the relevant suggestions have been given.Chapter four clarifies the positive significance of the criminal protection of navigation marks in the South China Sea,but the practice of criminal trial related to navigation marks in the South China Sea has been in a state of absence.According to the elements of Effective Control,using criminal trial to protect navigation marks in the South China Sea should meet three requirements of effectiveness,longevity and publicity.Then it starts from the above three aspects to clarify the shortcomings of the South China Sea criminal trial system at this stage.Based on the requirements and the existing shortcomings mentioned above,the thesis makes some proposals to fill the gaps of South China Sea navigation marks criminal trial by putting forward specific recommendations.