论中国的海洋立法实践

Abstract

With the enlargement of Chinese Marine-Relative activities, the marine affaires face with more complicated situation than before. It is necessary by using Marine Legislation, which states Chinese marine elementary policies and intensifies comprehensive marine management, safeguards China's territorial sovereignty, maritime security and interests. On the basis of research of international oceanic law and oceanic laws of other countries, combining with its actual situations, China we should accomplish own oceanic law construction as soon as possible, and improve its oceanic legal system. The maritime legislation system has established initially in our country. But there are still problems such as the imperfection at Legislation, the enforcement of laws is not in place, the lacking of judicial aid and so on. Especially facing the aggravating conflict about marine rights and interests, perfecting the marine laws of China has become the important issue in which the national security level involved. This article make analysis on the characteristics of the Chinese marine legal system and points out the problems existing in the Chinese maritime legislation, then put forward some countermeasures to perfect the legal system of China’s marine. There are still many defects of China's current maritime legislation, summed up in the following points. The level and content of legislation is not complete, sea related legal operation is poor, lack of comprehensive marine management regulations, on law enforcement issues considered inadequate. From the following aspects, China can better protect its' maritime rights and interests, expand the jurisdiction, in order to play a positive role in the international maritime affairs. Legislation to arouse the National Marine awareness and promote the development of the marine industry. Establishing and perfecting the law system of the sea in accordance with the United Nations Convention on the Law of the Sea. Improve legislative skills, develop regional, special and local laws and regulations. Legislation to guide the marine integrated management system to improve.