A Comparative Study On Illegal Fishing Crimes Between China And Australia

Fishing is an important part of the national economy and a source of quality food.In our country,the crime of illegal fishing for aquatic products was first established by the Criminal Law in 1979 and revised in 1997,which plays an important role in attacking the criminal activity of illegal fishing,maintaining fishery production order as well as protecting fishery resources and ecological environment.However,there are still many problems in the identification and management of illegal fishing crime,which need to be improved constantly.Australia is one of the best performing countries in fisheries management.In Australia,the crime of illegal fishing is mainly established by its Fisheries Management Act 1991,and the theory of crime constitution,rules of evidence,standards of proof and so on stipulated by the Criminal Code Act 1995 are applied.This paper compares and analyzes the criminal legislation and judicature of illegal fishing crime between China and Australia,studies the experience available for our reference,and puts forward some suggestions on improving the criminal norms of illegal fishing crime.Chapter one expounds the legal basis of illegal fishing crimes,mainly analyzes the ethical and moral requirements of illegal fishing products,the legal interests of the ecological environment,and the common behavior ways of illegal fishing,the hazards of illegal fishing and the practical problems facing against illegal fishing crimes at present.The second chapter mainly analyzes the crime of illegal fishing between China and Australia and the experience of controlling illegal fishing in Australia.This paper compares the differences between Australia and our country in legal tradition,criminal legislation,crime model and fishery legislation,and analyzes and compares the useful experience of Australia in managing illegal fishing crime.Chapter three proposes some suggestions to improve our criminal legislation,execution cohesion and penalty.Combined with the useful experience of Australia analyzed in Chapter 2,the author gives some suggestions to improve the problems raised in Chapter 1.It mainly includes further elaborating the object theory of illegal fishing crime,promoting the diversified legislative mode,improving the cohesion mechanism between the departments and laws,and the criminal punishment system.