Study On The Legal Issues Of Marine Biodiversity Conservation Of China

With the rapid growth of population and the rapid development of social economy,people turn their attention to the ocean for the exploitation and utilization of biological resources.China’s vast sea area,complex geographical conditions and multilateral climate environment make China a country with a high degree of Marine biodiversity and occupy an extremely important position in the world.But in recent years,along with overfishing,Marine environmental pollution,ecological environment destruction,invasive species,climate change and other threats to the Marine biodiversity decline is serious in our country,therefore,the Chinese government has adopted a series of measures,including policy,action plan,planning,laws and regulations,etc.,and made some progress and results.However,compared with the actual needs,the results of Marine biodiversity conservation are still far from meeting the requirements of the international community,and the existing problems have seriously hindered the implementation of Marine biodiversity conservation.Law is one of the most effective means of Marine biodiversity protection,although our country has many about Marine biodiversity protection laws and regulations,but because of the concept of anthropocentrism,our understanding of Marine biodiversity,protection and management are established on the basis of biological resources development and utilization,the protection of the Marine biodiversity ecological value is little,lead to the protection of the Marine biodiversity in our country is difficult to get real,therefore,to better protect the Marine biodiversity,this paper researches on the problems existing in the current law,put forward the legal countermeasure and the suggestion,Let legal action,the indirect driver of protecting Marine biodiversity,have a positive effect.The first chapter starts from the concept and classification of biodiversity conservation and discusses the significance of biodiversity conservation in maintaining ecological balance and promoting the harmonious development of human and nature from the perspective of law.Then,from the guiding ideology and basic principles of biodiversity conservation in the theoretical basis for analysis of Marine biodiversity protection,points out that China’s Marine biodiversity protection in the aspect of law should highlight the biological concept of ecology and sustainable development concept,legal protection of Marine biodiversity should adhere to prevention,sustainable development,attaches great importance to the investigation and research,the key and comprehensive protection,the combination of the basic principles of public participation and strengthen cooperation.Subsequently,the second chapter analyzes the protection of Marine biodiversity from the perspective of international conventions,treaties,agreements and domestic legal normative legal documents,so as to provide legal basis for the legal system of Marine biodiversity protection.The third chapter is the comparative study of methods to analyze foreign legislative experiences for the protection of Marine biodiversity,with India,the United States,Brazil,the three countries experience of biodiversity conservation laws,the legal protection of Marine biodiversity in China and a simple comparison,found in Marine biodiversity protection in China,and then sums up the foreign Marine biodiversity protection legislation experience enlightenment to our country,so that the legal protection of Marine biodiversity in China.Finally,the current situation of legal protection of Marine biodiversity in China were analyzed,and pointed out the our country present legal problems of Marine biodiversity protection,mainly include: international convention for the transformation does not reach the designated position,has not yet specialized biodiversity conservation law,special law between connectivity and integration is not enough,resource development and ecological protection of incomplete compensation policies and regulations from four aspects,and the current situation of the Marine biodiversity protection law system of our country further analyzing the reasons,puts forward some countermeasures to improve.