The Legal Countermeasures For Comprehensive Marine Management Dilemma

In the 1970 s,the American scholar J.M Armstrong and P.C Reina proposed the term integrated marine management in the book American Ocean Management.The United States enacted the Coastal Management Act in1972.The act appear the term integrated marine management for the first time in the worldwide marine law.Integrated marine management was kicked off in the world.After the 80 s of last century,the ocean gradually entered the vision of the Chinese people,the national marine awareness gradually improved,and the development and utilization of marine resources has also been more and more attention by the state.In August 1979,the State Oceanic Administration,the State Administration of Fisheries,the State Science and Technology Commission and other five departments jointly submitted to the State Council On the National Coastal Zone and Tideland Resources Comprehensive Investigation of the Request,then carried out comprehensive investigation pilot in Wenzhou,Zhejiang coastal zone.The State Council in the approval report the use the term integrated coastal management for the first time,and proposed the development of China's coastal zone management law,which opened the process of China's integrated marine management.Oceans for a country are as important as a vital role of the strategic position.It's the first time that the Marine power strategy was put forward by the report of the 18 th people's congress of CPC.Meanwhile,the report clearly set forth that China should improve its ability of developing ocean resources,developing marine economy,protecting marine ecological environment and maintaining its marine rights and interests sincerely.Since the late 90 s,general assembly of the united nation proposes every year for building the marine integrated management system to cope with the marine complex situation.Following the trend of ocean developing,China has also improved the system of marine integrated management.However,because of the late beginning,the related laws and institutions are still incomplete.There are many problems existed about Chinese marine integrated management,such as lack of the basic law of marine,the related laws and regulations are not completed and the legal system is imperfect.Base on the current conditions,it is urgent needed to improve the marine integrated management system of China.First,the theoretical basis of Marine Integrated Management in jurisprudence,administrative law and international law is introduced.Secondly,focusing on the ocean comprehensive management in the development of legislation,law enforcement and coordination organization in United States,South Korea and Australia,different marine legislation modes of three countries are analyzed.Thirdly,on the basis of above discussion,the imperfection of legislation,disunity of law enforcement and faultiness of coordinated mechanism are analyzed,meanwhile,the necessity of marine legislation in China is discussed.Finally,on the premise of the above content,the aspects of perfecting the legislation,unifying the law enforcement and perfecting the coordination mechanism are put forward,for the legal response to the development path of marine integrated management in China.