Research On Legal Issues In The Regulation Of Marine Ecological Space Uses

With the continuous advancement of ecological civilization construction,the importance of ecological space has also continued to rise.In 2017,China officially began the pilot work of the natural ecological space use control system,in which due to the unique characteristics of marine land space,the control of marine ecological space use cannot yet apply the control requirements of natural ecological space,and relevant measures need to be formulated separately for regulation.In 2020,on the basis of existing practice,China began the pilot work of ecological space in the marine field.The marine land space has been clearly divided into “two spaces and one red line”,that is,marine ecological space and marine development and utilization space,and marine ecological protection red lines are delineated in the marine ecological space,and different levels of control are implemented according to the division of space.Through literature research and qualitative analysis methods,this paper discusses whether the implementation of the marine ecological space use control system conforms to the existing legal system,as well as the problems and challenges it faces,and seeks corresponding coping paths.The article is divided into four chapters to study the legal problems existing in the regulation of marine ecological space use.The first chapter expounds the general principle of the regulation of marine ecological space use,and further clarifies the essence of the regulation of marine ecological space use from three aspects: the definition of basic concepts,the composition of legal relations and the theoretical basis.The second chapter analyzes the development,evolution and current situation of the regulation of marine ecological space use.On the basis of the above theoretical research,the third chapter analyzes the legal problems existing in the control of marine ecological space use,including the procedural regulation of planning discretion,the approval mechanism of permission,withdrawal compensation,the legal responsibility of red line punishment of marine ecological protection and the division of power and responsibility of law enforcement and supervision,and then analyzes the reasons for the above problems.In the fourth chapter,in view of the existing problems,some suggestions are put forward from the aspects of perfecting the procedural regulation of planning discretion,standardizing the licensing examination and approval mechanism,perfecting the withdrawal compensation provisions,improving the legal responsibility of red line punishment for marine ecological protection and the coordination mechanism of law enforcement supervision.