A Study On The Compulsory Procedures Of Legal Remedies For Foreign Detaining Fishing-vessels

With the rapid development of marine fishing technology,the offshore fishery of China shows a trend of exhaustion.More and more fishermen go abroad to carry out ocean fishing.When they gain economic benefits,they often make mistakes or illegally fish in other countries' exclusive economic zones.In addition,China's surrounding marine environment is complex,and there are maritime delimitation disputes with eight maritime neighbors,which makes fishermen's fishing operations dangerous to be enforced by coastal states,and this has led to the detention of vessels by coastal countries.In recent years,the detention of vessel has been very frequently.How to rescue crew more quickly,to protect the interests of crew and shipowners has a very important significance.Diplomatic negotiation is the only way to solve the foreign detention of fishing vessels in China at present,which plays an important role in safeguarding the interests of fishermen,but also has some shortcomings.Sometimes it takes too long to reach the balance of interests of all parties to the dispute,which leads to the crew being detained for a long time and harming human rights,if the fishing season is under way,causes enormous economic losses to the owners of the fishing vessels.Prompt release and provisional measure are the legal relief procedures established by the United Nations Convention on the Law of the Sea for the protection of the interests of seafarers and the protection of human rights.Although provisional measures may not be limited to the release of vessels and crews,they constitute a compulsory procedure for legal relief in the detention of vessels.At the same time,it is also the compulsory procedure of the legal remedy for the foreign detention of fishing vessels.The two procedures are mandatory,rapid and non-substantial.The highly efficient and professional adjudication method makes up for the shortage of diplomatic negotiation in solving the arrest of ships,ean save the crew in a shorter time and safeguard the interests of fishermen.The detention of Chinese fishing vessels involves not only simple fishery disputes,but also maritime rights and territorial sovereignty disputes hidden behind the detention.The method of diplomatic negotiation can be applied to the settlement of any dispute,which has great flexibility,but to reach the level of satisfaction of both parties to the dispute,it takes a certain time,and the compulsory procedure of legal remedy makes up for this point.This article is intended to provide a multi-way solution for the extraterritorial detention of Chinese fishing vessels through research.The article is divided into four parts.The first part is a summary of the extraterritorial detention of fishing vessels.The concept,situation and solution are briefly described in order to provide a complete understanding of the detention of fishing vessels.The second part is a comparative study on the compulsory procedure of legal relief for the extraterritorial detention of fishing vessels,and there is a deeper understanding of the two procedures.The third part analyzes the advantages and disadvantages of the compulsory procedure for the legal relief of the extraterritorial detention of fishing vessels.The fourth part discusses the application of the extraterritorial detention of fishing vessels to these two procedures,and finally draws a conclusion.At present,China's too single dispute resolution method sometimes does not protect the interests of the crew.It should refer to the relevant practice of legal relief procedures to broaden the solution to the detention of fishing vessels,and carefully apply the legal relief procedures,involving sovereignty and territorial disputes.The arrest of the ship can only be resolved through diplomatic means.