Fishery Rights Research Centered On "Geng Lu Bu"

Fishery has a long history in our country. Pre-modern China once was highly developed in Marine fisheries, navigation technology, shipbuilding technology, which recorded by "GengLuBu"(one of recording books that mainly described the developing and use of ocean by the Chinese ancient people). After thousands of years of cultivation, Chinese people gradually established a fixed fishing grounds, formed the scale of fisheries, strengthened successive governments to supervise and control of the sea area, island, and the fishermen at the same time. The fishermen then established the pelagic Marine fishing rights. But after the new international laws of the sea order is established, our country underwent a heavy loss of historic fishery rights in the open sea. Because of the international and domestic reasons, the overall basic rights of fishermen repeatedly infringed. So theoretical and legal argumentation is desperately needed in the hope of justifying and protecting the vital interests of the Chinese fishermen, safeguard China’s sovereignty."GengLuBu" can prove this history for its powerful legal evidence. Yet studies on fishermen in the Marine fisheries in China has different appellation, such as "gradually established the rights of the traditional fishing grounds","traditional fishermen","historic fishery rights","historic fishing rights". According to "United Nations Convention on the Law of the Sea" and "Law of the PRC on the Territorial Sea and the Contiguous Zone", the author thinks that the most appropriate item of the fishermen’s historic fishing behavior is "historic fishing rights". There are three reasons:First,"historic fishing rights" conforms to the international law about the historic rights; Second, the fishermen for generations in our country are fishing, exercising is fishing rights, thus "historic fishing rights" is more conducive to the rights of reveal than traditional fishing grounds; Third,"historic fishing rights" is easy to be accepted and approved, with the international community both in scholar’s related works and the United Nations convention on the law of the expression of basic consistent. So the author argues "historic fishing rights" is the best expression of Chinese fishery rights in the South China Sea fisheries.This article is mainly to introduce "GengLuBu", through the introduction of the guide book, which reflects the history of the South China Sea fishery and fishery rights, as to demonstrate the logic of historic justification of fishing rights. The book unfolded that Chinese fishermen have a long history of the developing the south China sea, sustaining management and internationally recognition. After a long period of historical accumulation, Chinese fishermen formed historic fishing rights in the disputing South China Sea. Thus this Navigation guide book can prove the fishing activities’ legitimacy of the Chinese fishermen in the disputing area of South China Sea theoretically and legally.