Study On The Legal System Of Ocean Fishing From The Sustainable Development Perspective

The third meeting of the 16 session of CPP brought forward the"Building uP the all-side,harmony,continual concep of the development"whieh show the highest ambit of the development and is based on the systemic sum-up of the economic development and the actuality of the resources of our country. The so-called sustainable development mainly means that we should not only focus on the current but also focus on the Iong-term,not only focus on today but also focus on the future,not only focus on the development of the economy and the soeiety but also focus on the harmony development of the human being and nature and there sources.The Legal System Of Ocean Fishing comes into being according to the impersonality require of the ocean protection and the development.Our country has a vast waters for the use and development of a rich fishery resources,fishery resources provide for human survival,fishing,fishermen's economic development and income . But as marine pollution accidents, coastal engineering, land-based pollution of the ocean , combined with overfishing of fishermen greatly reduced the use of fisheries resources and the ecological environment . Ocean fishing has greatly exceeded the resources of afford ability. Excessive fishing and illegal fishing activities leading to over-exploitation of resources.Our government attaches great importance to fisheries legal system, which has been actively exploring the modle of"protecting in the development, developing in the protection ". It is making efforts to built marine environmental protection legal system in China. The legal system of ocean fishing is one of the key of fisheries resources protection. On January 20, 1986, the Sixth National People's Congress passed the " Fisheries Law of People's Republic of China," and then issued the "Fisheries Law Regulations of People's Republic of China "and the "Wildlife Protection Law of People's Republic of China "and other laws, the Ministry of Agriculture and some provinces have also developed the implementation of matching rules and regulations with the Fisheries Law, makeing the end of history of no legal basis for fishing. Meanwhile, in order to effectively protect fishery resources, our fishery administrative department of China issued a series of departmental regulations, developing of marine-related fishing system, such as the summer closed fishing, fishing boats and power indicators dual control system and so on. In the legal level, "Fisheries Act", "Environment and Resources Protection Act", "Criminal Act", "Marine Environmental Protection Law" and other forms of marine capture the basic marine fishing legal system, but the administrative regulations on marine fishing only concludes "Fisheries Resource Protection Ordinance reproduction " which promulgated in 1979,without specific regulations for the administration of ocean fishing.This article is divided into four parts, first part briefly introduces the legal systems of marine fishing theoretical and practical value should be, and the research situation are outlined.The second part of the article from the basic of the concept of the legal system of ocean fishing, described the emergence of sustainable development thinking and influence the content of sustainable development; introduced the idea of sustainable development of the legal system of ocean fishing; and detailed exposition of the study of marine capture the significance of the legal system.The third sector analysis of our laws on the legal system of ocean fishing. Our existing legislation related to marine fishing scattered in the Constitution, laws, administrative regulations, departmental rules and regulations and other legal norms, this dispersion of the provisions of the situation shows that the legal system of ocean fishing there are many defects, such as the lack of specialized regulation legislation, regulatory system is not perfect, so different standards of law enforcement.The fourth part of studying on the legal system of ocean fishing mainly through legislation and practice of marine fishing with relatively representative study of national legal systems; exploration on experience and enlightenment of perfect revelation legal regime of ocean fisheries; then proposing the legal system of marine fishing specific ideas including the establishment of special legislation, improving the legal regime of ocean fishing, modifing the standard of ocean fishing law and improving the law of ocean fishing and improving the legal liability system.