Research On Legal Issues Of Ocean Fisheries In China

The 18 th National Congress of the Communist Party of China proposed the strategic goal of building a maritime power.General Secretary Xi proposed the strategic concept of co-construction of the "21st Century Maritime Silk Road",Vigorously develop pelagic fishing.Ocean fishing in China began in 1985.After more than 30 years of development,China has become a large country in ocean fishing and is in the transition period to a strong country in ocean fishing.Ocean fishing occupies an important position in China's marine economy.An important support for the agricultural strategy.At present,international marine fisheries attach great importance to the conservation of fishery resources and the protection of the marine environment.China's offshore fisheries are subject to double regulations of international conventions and domestic laws.However,the laws of our country's offshore fisheries fishing lack the connection with international conventions,and China has not yet formulated There are still many deficiencies in the laws and regulations on ocean fishing.Therefore,it is necessary to establish a special law for ocean fishery fishing that is in line with international standards,to provide legal guidance for China's ocean fishery fishing,to make up for the shortcomings of the ocean fishery fishing regulations in the current ocean fishery management legal system,and to regulate each of the ocean fishery fishing with legal provisions This operation provides legal support for the development of offshore fishing in China.The main body of this article includes the main body and conclusions,which are composed of five parts.The main contents are as follows:The first part is the overview of ocean fishing.Starting from the basic concepts of ocean fishing,the classification and development process of China's ocean fishing are described.The second part studies the domestic legal regulations on offshore fishing,international legal regulations on offshore fishing,and bilateral agreements in which China participates.The second part is the current status of laws and regulations on China's offshore fishing.To review the laws and regulations of China's domestic ocean fishing,the international laws and regulations of ocean fishing,and the bilateral agreements that China participates in.The third part is the experience and reference of the legal regulation of offshore fishing in typical countries.Based on the current status of international ocean fishing,the current situation ofocean fishing in typical countries of Japan and South Korea is analyzed to explore the useful experience of perfecting China's ocean fishing laws.The fourth part is the legal problems and reasons analysis of China's ocean fishing.It is elaborated from four aspects,mainly including: the lack of specialized laws on ocean fishing,the incompatibility of domestic regulations with international law,the lack of operability,the unclear punishment subject,and the lack of relevant legislation on safety and security.Look for reasons.The fifth part is the perfect path of China's ocean fishing law system.In response to the legal problems and causes of China's offshore fishery fishing,countermeasures and suggestions are proposed,including: the establishment of special laws for ocean fishery fishing,the addition of operable legal provisions,the increase of domestic legal provisions in line with international law,and the clarification of penalties for ocean fishery Responsible entity,increase safety guarantee laws and regulations.