Research On The Improvement Of China's Marine Management System From The Perspective Of International Law Of The Sea

China has restructured the State Oceanic Administration in 2013,but the current marine management system of China is not yet sound,need to be further improved.This paper analyzes the legal problems involved in China's marine management system reform,which is divided into the following four parts.The first part discusses the necessity of China's marine management system reform.China's maritime management started late,the development of faster,June 9,2013,the State Council institutional reform,clear the State Oceanic Administration(vice ministerial level)for the Ministry of Land and Resources Management of the National Bureau,in the system to achieve a decentralized The Change of Ocean Management System to Centralized Ocean Management System.However,China's marine management system is still a problem,after the integration of integrated marine management system and the current scattered marine legislation is not matched,the ocean management system still exists within the cross,the ocean management system regional development imbalance.In view of the above problems,combined with China's national conditions,from the legal point of view of the analysis of China's current marine management system is very necessary.The second part introduces the legal basis of China's marine management system reform.Since the United Nations Convention on the Law of the Sea has proposed the concept of ecological protection and sustainable development,the principle of sustainable development has become the general accepted principle of national ocean legislation.China has also introduced the marine comprehensive management of the relevant laws and regulations,for the marine management system reform laid the foundation.The third part is the legal practice and experience of foreign marine management system reform.According to the legislative system,the establishment of the coordination mechanism and the different characteristics of law enforcement agencies,it is mainly divided into three typical marine management systems: decentralized marine management system,semi-centralized marine management system and centralized marine management system.From the development trend of all countries in the world,the semi-centralized marine management system and the centralized marine management system are the main ones.This paper analyzes the semi-centralized marine management system and the centralized marine management system in the United States and Canada.The advantages and disadvantages of these two marine management systems provide a reference for China's ongoing marine management system integration.The fourth part is the legal proposal to improve our marine management system.This paper puts forward some suggestions on how to improve the marine management system of our country: the local and national legal interests are optimized to prevent the imbalance of the development of the marine area.Management of the legislative model to define,select the appropriate marine management legislation model;to clarify the legal boundaries between the marine management departments to prevent the cross between the functions of the various departments and gaps.