The Legal Analysis Of East Sea Boundary Dispute Between China And Japan And Solution Of China

Since making effective of《United Nations Conventions on the Law of the Sea》, coastal country have obtained the unprecedented expansion jurisdiction's sea area, and also have obtained the full legal safeguard sea rights and interests, but simultaneously there were also created some sea boundary dispute among the coastal country. Under this background, the East sea boundary dispute between China and Japan emerged the water surface, and became quite important and the thorny question.This paper, taking China's sea rights and interests as an angle of view, introduces the sea rights' and interests' concept and the present situation of Chinese sea rights' and interests' and the challenge, elaborats the origin of East sea boundart dispute, reveals the reasons of East sea boundary dispute between China and Japan.Then analyses the standpoint and the right advocated of East sea boundary dispute that China and Japan proposed with《United Nations Conventions on the Law of the Sea》and other related law. Pointing out that the standpoint and the right advocated that Japan proposed has violated the international law basic principle, but the standpoint and the right advocated that China proposed conforms to the international law basic principle and the international judicial practice. The first, the medium line doctrine of Japan proposition is not a international law principle, It is only a convenient method under the fair principle. The second, the Japanese right advocated various legal basis conflicts mutually. This indicated that Japan disregards the international law completely the authority. The third,the standpoint of China have the full international law basis. The natural prolongation principle of China proposition is explicitly stipulates mainly, basic also most conforms to the fair principle with《United Nations Conventions on the Law of the Sea》. The fourth, the natural prolongation principle of China proposition conform to the international judicial fundamental rule. The fifth, looking from the geological landform, the east and west's continental shelf of ChongSheng Gulf belongs to the completely different geologic structure.It is the natural boundary of East Sea continental shelf.Based on this, the paper think that there are four methodes can be used in solving the east sea boundary dispute between China and Japan. The first, raises citizen's sea consciousness. Takes many kinds of measures to make the citizen to realize the importance of maintaining our country sea benefit and solveing East sea boundary dispute.The second, through legal way solution. Consummates our country's sea legal regime and enhance the research of boundary dispute; We should make clear the effect of Diaoyu Island and Liuqiu Island in delimiting the east continental shelf. And we must oppose that Japan take Diaoyu Islan and Liuqiu Island as basic line in delimiting the east continental shelf.The third, through diplomatic channel solution. We must insist on the sovereignty principle in the diplomatic negotiation; In the East Sea oil resources conflict,do not advocate that develops together. At last, strengthens the substantial control of dispute sea area. we must develop the navy force and realize regular maintenance existence in the peace period to control the dispute sea area of East sea.