中韩争端海域渔业纠纷的法律分析

发布时间：2018-09-18 12:54

【摘要】：近年来中国与周边国家在争端海域的渔业纠纷频发,渔业纠纷看似是对渔业资源的争夺,但究其本质是国家间海洋权利、海洋控制力的争夺。导致渔业纠纷的原因有很多,包括领土主权争端,海域划界不明确,相关签订协议的不合理,渔民法律意识淡薄,各国家执法粗暴激化纠纷等等。而双方渔业纠纷的不断升级,导致了我国渔民合法权利无法得到保障,人身权利、财产权利都在不同程度上受到侵害,我国的海洋资源未能全面开发与利用,我国与纠纷国家间的友好外交关系受阻,甚至导致我国国家利益的受损。有效解决我国与周边国家的渔业纠纷已经刻不容缓。了解我国、韩国争端海域渔业纠纷立法现状,并针对立法的不足,提出改善意见,对解决我国与周边国家争端海域的渔业纠纷,保护渔民基本权利,实现我国争端海域海洋资源的利用与开发,维护我国国家利益,有着非同凡响的意义。韩国与我国隔海相望,与我国在黄海一直存在海域争端,并产生渔业纠纷。近年来,两国渔业纠纷不断升级,纠纷性质愈演愈烈,毫无平息的苗头。如果纠纷旷日持久,迟迟得不到妥善的解决,对于中韩两国的友好关系将持续产生负面的影响。同时,我国不仅与韩国有着渔业纠纷,在南海与周边其他国家也存在着相似的渔业纠纷。因此,针对我国与周边争端海域国家的渔业纠纷,以韩国为例,对纠纷相关问题进行法律分析,并提出解决建议,对解决我国与周边国家的类似纠纷有着一定程度的参考意义。除引言与结论外一共分为五部分,第一部分对中韩争端海域渔业纠纷情况进行分析,并对纠纷产生的原因进行系统的法律分析。第二、三部分,分别就中韩两国争端海域渔业纠纷的立法情况进行分析,重点介绍了《中韩渔业协定》的签署及其影响,并就两国争端海域渔业纠纷立法存在的问题进行分析。第四部分明确了解决中韩渔业纠纷的意义。从国际法角度入手,分析解决纠纷对渔民、我国海洋资源的开发与强化海权等方面的意义。第五部分针对中韩争端海域渔业纠纷的解决提出法律方面的建议。综上,本文从法律层面解决纠纷的角度入手,博采众多学者的研究精华,去粗取精,形成自己的思考路径,并对《中韩渔业协定》进行重点分析,继而提出完善《中韩渔业协定》的相关理由。同时提出完善渔业立法,建立中韩联合执法队伍的相关建议。就解决中韩渔业纠纷,促进两国共同发展提出美好的愿景。
[Abstract]:In recent years, the fishery disputes between China and the neighboring countries in the disputed sea area occur frequently. Fishery disputes seem to be the competition for fishery resources, but the essence of these disputes is the competition for maritime rights and ocean control among countries. There are many reasons leading to fishery disputes, including territorial sovereignty disputes, unclear delimitation of sea areas, unreasonable signing of relevant agreements, weak legal awareness of fishermen, and violent intensification of disputes by law enforcement in various countries, and so on. However, due to the escalation of fishery disputes between the two sides, the legal rights of fishermen in our country cannot be guaranteed, the rights of person and property are infringed to some extent, and the marine resources of our country have not been fully exploited and utilized. The friendly diplomatic relations between China and the countries in dispute are blocked, and even the national interests of our country are damaged. It is urgent to solve the fishery dispute between our country and the neighboring countries effectively. To understand the current situation of fishery dispute legislation in China and South Korea, and to put forward some suggestions for improving the legislation, so as to solve the fishery dispute between China and the surrounding countries and protect the basic rights of fishermen. It is of great significance to realize the utilization and development of marine resources in China's disputed sea areas and to safeguard the national interests of our country. South Korea and China across the sea, and China in Huang Hai has been a sea dispute, and fisheries disputes. In recent years, the fisheries dispute between the two countries has escalated, the nature of the dispute intensified, there is no sign of appeasing. If the dispute is protracted and delayed, it will continue to have a negative impact on the friendly relations between China and South Korea. At the same time, China not only has fishery disputes with South Korea, but also has similar fishery disputes with other countries in the South China Sea. Therefore, in view of the fishery disputes between our country and the surrounding countries, taking Korea as an example, this paper makes a legal analysis of the disputes and puts forward some suggestions for solving the similar disputes between our country and the neighboring countries, which has a certain degree of reference significance. Besides the introduction and conclusion, there are five parts altogether. The first part analyzes the situation of fishery disputes in the disputed waters between China and South Korea, and makes a systematic legal analysis on the causes of the disputes. In the second and third part, the author analyzes the legislation of the fishery dispute between China and South Korea, introduces the signing of the Agreement and its influence, and analyzes the problems existing in the legislation of the fishery dispute between the two countries. The fourth part clarifies the significance of resolving the fishery dispute between China and South Korea. From the angle of international law, this paper analyzes the significance of resolving disputes to fishermen, the exploitation of marine resources and the strengthening of sea rights in China. The fifth part puts forward legal suggestions on the settlement of fishery disputes between China and South Korea. In summary, from the angle of resolving disputes from the legal level, this paper takes the essence of many scholars' research to form its own thinking path, and analyzes the "Sino-South Korean Fisheries Agreement" emphatically. And then put forward the relevant reasons for perfecting the Sino-Korean Fisheries Agreement. At the same time, put forward to improve the fisheries legislation, the establishment of the joint law enforcement team between China and South Korea related recommendations. To resolve the fishing disputes between China and South Korea, and promote the common development of the two countries put forward a good vision.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D993.5

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