Challenges And Legal Countermeasures For The Supervision Of Ocean Fishing Vessels In China

As the international community continues to strengthen the conservation of marine fishery resources,actively fulfllling the conservation obligations of marine fishery resources has become a prerequisite for the sustainable development of ocean fisheries.Under the current situation of frequent foreign-related incidents of ocean-going fishing vessels,the supervision of ocean-going fishing vessels in China is facing more and more challenges,which include not only the external challenges of regional fisheries management organizations and coastal countries to strengthen the management of Fisheries resources,but also the shortcomings of China's fisheries legal framework and the industry itself.Part of the challenge.In order to solve these problems,it is necessary to strengthen research and response on legislation,implementation,cooperation,and legal research improvement of ocean-going fishing vessel supervision.Only in this way can we effectively curb and deter the illegal acts of ocean-going fishing vessels,achieve the sustainable and orderly development of ocean-going fisheries,safeguard China's marine rights and interests,promote bilateral fisheries cooperation,and construct the image of a responsible fishery power.This paper is divided into four parts:The first part briefly introduces the concept,development status and regulatory issues of fishery and fishing vessel,pelagic fishery and pelagic fishing vessel,and then focuses on the application of relevant principles of administrative law to clarify the definition,purpose and characteristics of pelagic fishing vessel regulation,and expounds the necessity of improving the supervision of pelagic fishing vessel from the three aspects of state,industry and resources.The second part summarizes the initiatives,requirements and action plans for the regulation of ocean-going fishing vessels in the major intermational marine fisheries legal conventions,and summarizes ten major law enforcement requirements,such as registration of fishing vessels,fishing permits,monitoring of vessel positions,boarding inspection,observer accompanying vessels,fishing logs,penalties for illegal acts,port State measures,etc.Based on this,the weaknesses in the legal framework of China's ocean-going fishing vessel supervision are analyzed.The third part is the focus of this paper.It analyses in detail the challenges faced by the current supervision of ocean-going fishing vessels in China.Facing the increasingly stringent situation of the international community on the supervision of fishing vessels,domestic laws and regulations have lagged behind.It also analyses the failure of the supervision of ocean-going fishing vessels caused by the lack of effective sanctions from the legal point of view.The fourth part puts forward the countermeasures to improve the supervision of ocean-going fishing vessels,which is also the innovation of this paper.It elaborates the idea of international cooperation,improving the relevant legal rank and supporting punishment mechanism,and explains the reasons combined with practical work.The conclusion is that the rapid development of China's ocean fisheries is accompanied by the continuous improvement of laws and regulations governing ocean-going fishing vessels,but we can not avoid the shortcomings of the current laws and regulations.By comparing with the main laws and conventions of the world's ocean fisheries and analyzing the relevant domestic laws,we find that the supervision of ocean-going fishing vessels is facing enormous challenges.After thorough analysis of these challenges from the perspective of jurisprudence,this paper puts forward some countermeasures and suggestions to improve the law of ocean-going fishing vessel supervision combined with work practice.