Study On The Legal System Of Marine Fishing Quota

“Draining the pond to get all the fish, but next year no fish.” This reflects the importance of the rational use and conservation of fishery resources, and presence of fishing boats and fishing gear input traditional management means deterioration in response to the crisis of resources has been inadequate, the sustainable utilization of people in urgent need of seeking treatment and maintenance of new means of marine fishery resources. In this context, a method based on the biological characteristics of fishery resources based on the established productive fisheries management methods: the quota system, in the exploration of the international community gradually moving towards the stage of history.This paper is divided into four parts.The first part discusses the basic theory of Marine Fisheries quota catch. To the marine fishery catch quota shall be clearly defined, marine fisheries catch quota is exclusive, timeliness and characteristics of transfer etc. The tragedy of the commons theory, sustainable development theory and chartered real right theory are the theoretical support of the marine fishery fishing quota. An overview of the basic theory of marine fisheries quota catch, explore the existence of marine fisheries catch quota based system, helps after marine fisheries quota catch system design.The second part discusses the foreign marine fisheries catch quota legal system and evaluation. In New Zealand, Iceland fisheries in developed countries, fisheries catch quota system has been basically completely implemented, covering most parts of the sea and fish species, the fishing law more perfect system of marine fisheries quotas, which appeared in the process of the implementation problems are also in the law gradually improve. Foreign marine fisheries catch quota system in legislation, law enforcement and circulation are many advantages worthy of reference.The third part analyzes the current situation of China’s marine fishery catch quota of legal system and the existing problems. Through the analysis of the status of China’s fishing system of Marine Fisheries quotas, found that China’s marine fisheries catch quota law system has some problems, such as laws and regulations are not sound, scientific total catch can set is relatively difficult, our country about the marine fisheries quota rules fishing transfer system is not clear, the provision for marine fishery quota fishing supervision is not perfect.The fourth part put forward to perfect the legal system of China’s marine fishery fishing quota. According to the above on fishery developed countries of the legal system of marine fisheries catch quota presentation and analysis, combined with the present marine fisheries catch quota legal system existing problems in our country, reflection of China’s marine fishery catch quota law system and this was perfect, the main fishing from the ocean fishery quota legislation, can always determine the amount of fishing the fishing quota, the circulation system and legal responsibility aspects to optimize China’s legal system of marine fisheries catch quota.