Study On The Coordination Between China’s Identity And Legal Interests

China’s national identity is one of the most controversial issues in recent years.Developed countries have repeatedly suspected of China’s identity as a developing country and gradually decreased their assistance to China.The United Nations Convention on the Law of the Sea is the achievement of the third United Nations conference on the law of the sea.It is also the first international convention drawn up by a group of developing countries and has won widely acceptance.China’s transformation of national identity in the system of international society,will first affect itself as a developing country to participate in the legislation of the international convention.As a consequence,China’s transformation of national identity in the UNCLOS legal system will be the first branch to show its incompatibility.The first chapter introduces the main classification methods of national identity in the international community and the controversy of China’s national.International organization in the national identity of the classification method is mainly depend on the different weights of objective development indicators.The classification method of national identity is also changing,and many kinds of classification methods come out,such as traditional classification method,human development index classification method,regional classification method,and "E30 classification of emerging economies",which is established in China on the basis of world bank national identity classification method.In the case of diversity of classification methods,the members of the group of developing countries and the group of developed countries are relatively stable,which indicates that there are still obstacles between developing countries and developed countries to realize national leapfrogging.Support for China’s national identity changes include three parts: the main point of the one is the huge promotion on the economic indicators,the G20 countries in politics group compared with the G7 group gradually become the dominant force in global governance is the most important.The third is in the legal document concerning the reform of An Undifferentiated WTO:Self-Declared Development Status Risk Institutional Irrelevance and the United Nations convention on the law of the sea 28 th states parties meeting secretary general of the report,the former is put forward for developing Chinese national identity,which is put forward that China’s current national identity is in the development of sea power.The second chapter mainly focuses on the characteristics of China’s national identity transformation under practices of law of the sea.At the present stage,the legal interests intersection between China and developing countries in the law of the sea rules gradually decreasing and intersection between China and developed countries in the law of the sea rules gradually increasing.Since 2008,developed countries have stopped all donors to China,and China has gradually become a single donor country among the international community.It has approached or surpassed some developed countries in terms of the United Nations contribution,UN peacekeeping operations,foreign aid activities and cultural soft power construction.China has intensified its use of state power in its protection of maritime rights,profited from international trade by relying on the freedom of commercial navigation,and surpassed developed countries other than the United States in many quantitative indicators of Marine research.All these changes remind China that the law of the sea rules that are conducive to developed countries are also conducive to China’s development.The third chapter analyzes the impact of China’s transformation of national identity on the protection of maritime interests is explained in three parts: the international obligations undertaken by China,the application of power in maritime rights protection,and the value pursuit of the transition to developed countries.The influence of major developing country in this process divided this part into two partitions: positive impact and negative impact.The negative effects of China’s status as a major developing country include: reducing China’s influence in the voting mechanism of international organizations,impinging on the principle of peaceful use of the sea,and not conducive to seeking special rule protection as a developing country.China’s positive influence as a major developing country includes: helping to form a graduation system for developing countries,strengthening the coordination between the building of a maritime power and the rules of international law,promoting international cooperation in Marine scientific research,and avoiding the general formulation confrontation with developed countries.China not only shoulders the task of breaking through the limitation of the " universal and parochial doctrines " in the practice of western international law,but also gets many inspirations from the "universal and parochial doctrines " in the theory of international law to safeguard maritime rights and interests as a developed country.Since the implementation and formulation of legal rules are a cyclical process,the transformation of China’s national identity will ultimately strive for the support of the relevant law of the sea rules to safeguard China’s maritime rights and interests.The forth chapter looks forward to the the legal advises for China to participate in the creation of international law of the sea rules as a major developing country.The issue of maritime rights and interests is one of the issues that need to be coordinated in the transformation of China’s national identity,but it is not the only one.The strategic choice of the transformation of national identity should balance the national interests between part and the overall situation,between the short term and the long term.In terms of legal theory and legal principles,China should strengthen the interconnection between the community with a Shared future for mankind and the principle of common heritage for mankind.In terms of legal rules,the substantive modification of the United Nations Convention on the Law of the sea through the implementation agreement makes the development direction of the international law of the sea rules conform to the interests of China in the new era.We should strengthen cooperation with our neighbors in maritime affairs by concluding regional agreements with developing and developed countries respectively.From the perspective of the legal process,China should improve its effective participation in the legislation of the law of the sea rules and follow the developed countries in improving the means of governance of state practice.In the future China’s recognition of its status as a developed country is a recognition of the existing international law order,and it proves that China is a staunch defender of the current international order rather than a challenger to the world.The development of modern law of the sea is not only the development of international law rules,but also the development of science and technology.The major developed countries in the world are all maritime powers.Building China into a great modern socialist country needs a thinking of building a great maritime country as well as the legal protection of the UNCLOS.The strong national strength of developed countries will obviously form the "Matthew effect" in the reform of Marine legal order.China should adapt to the reality of participating in the reform of the maritime legal order as a developed country as soon as possible.So that China’s position and perspective should not only reflect its support for groups of developing countries,but also reflect the attitude of responsibility to the future of mankind.