The Impact Of Marine Culture On Marine Law-Making In China

The 21st century is the ocean century.The ocean has become increasingly important in terms of national politics,economics,and cultural development.All of the coastal countries have added the marine development into their national development strategies,and improved maritime legislation according to the United Nations Convention on the Law of the Sea.In 2013,Xi Jinping put forward the initiative of "Silk Road Economic Belt and 21st Century Maritime Silk Road" during his visit to ASEAN.This is not only a new model for the internationalization of economic development,but also a new trend in the development of marine areas such as marine resources,marine security,marine access and port construction.It is important to inherit the Silk Road Spirit-"peace and cooperation,openness and inclusiveness,mutual learning and mutual benefit" and strengthen the right to speak in intergovernmental negotiations on the international law of the sea in the new background.The law gradually evolved from a ritual culture in ancient times to a modern institutional design,and marine law,as an emerging development direction of national law,was born and affected by different marine cultures of different countries.MaHan's "Sea Power Theory"have changed American marine culture.At the same time,traditional Chinese culture has its own characteristics.Nowadays,the research on Chinese marine culture and marine legislation is relatively isolated.This article,taking China as an example,studies the impact of marine culture on marine law-making through five aspects which include marine resources(not including fishery),marine fishery resources,marine security,marine shipping and marine environment.Based on those,this article will propose resolution strategies to improve the China maritime legislation and implement the maritime power strategy.Drawing on the advanced legislative experience of maritime powers such as Europe and the United States,and combing with the unique development process of marine culture,China will absorb the essence and realize the transformation from a large ocean country to a maritime power.This paper is divided into four parts:The first part talks about the research background and innovation points of the paper.It also introduces the latest national marine polices and the current study of this topic to conduct better follow-up research.The second part combines the domestic and foreicgn scholars'discussion of marine culture,to understand and define the marine culture,and sort out the context of the development of traditional marine culture in China from the Spring and Autumn Period to the Mint and Qiing Dynasties.Comparing,the rise of Western powers and MaHan's "sea power theory",it focuses on the analysis of the special characteristics of China's marine culture due to the ban of the Ming and Qna dynasties and the spiritual connotation of "harmony is more precious".The third part mainly analyzes the influence of China's marine culture on marine legislation from the above sea-related fields by literature research method.comparative resear-ch metlhod and empirical research method.This part also analyzes the correlation between marine lesislation and the position of public and government.The development of marine legislation will be faster if the public take the same stand with government.If there is a contradiction between them.the marine legislation will develop slowly.The last part provides sonme countermeasures to improve the ocean law in China through the analysis of marine non-living resources.marine fisheries,maritime safety.maritime shipping,and the marine environment in second chapter.On the one hand.the government should formulate the basic law of the sea.on the other hand,for the public.it is important to enhance the ocean consciousness.