黄海生物资源管理法律问题研究
发布时间：2018-07-25 19:49
【摘要】： 黄海是我国四大海域之一,对我国的经济和战略意义十分重大,为沿海社会经济的发展和人民生活的改善作出了巨大的贡献,对国计民生有至关重要的作用。但近年来随着人口和经济的快速发展,我国黄海海域的环境问题日益突出,环境质量明显下降,生态环境日趋恶化,赤潮等灾害频发。污染、过度捕捞和海洋、海岸工程等人为因素对海洋生态系的破坏不断加剧,再加上一些自然变化,使黄海生态系统的生态循环和可持续利用面临着巨大的威胁。因此,关注黄海,关注黄海生物资源问题十分紧迫。 本文分为四大部分进行论述。 第一部分为我国黄海海域生物资源概况。本部分首先从地理、经济和人文的视角对黄海海域进行概括性论说,通过论述海洋生物资源的概念、分类和性质为下文论及的海洋生物资源保护制度奠定了自然科学和社会科学基础。其次本部分介绍了黄海海域生物资源管理面临的严峻挑战,从污染,过度开发等角度阐述黄海发展面临的窘境。 第二部分为我国黄海海域生物资源管理法制状况的述评。首先通过梳理黄海管理的法律体系构成和沿黄海三省的立法现状,进而归纳出目前生物资源管理存在的问题,为下文提出保护黄海生物资源的对策提供了事实依据。 第三部分主要为国外生物资源管理制度的述评。本部分首先立足黄海的实际情况,通过介绍《中日渔业协定》和《中韩渔业协定》,从我国与韩国、日本的黄海海域权益争议中分析我国黄海的生物资源利用状况。其次本部分利用比较分析的方法对日本濑户内海、地中海、黑海和北海区域海洋生物资源管理制度进行对比和分析,将国外海洋生物资源管理制度进行分类归纳,借鉴国外管理经验,期望能够为解决我国黄海生物资源管理的法律问题提供参考,也为文章的第四部分提供一些启发。 第四部分为对我国黄海生物资源管理法律制度的完善的探讨。本部分从加强海洋资源开发利用的环境保护管理、污染控制与防治、海洋生态保护、海洋环境灾害防治与能力建设、不断完善海洋法律体系、公众参与等五个方面提出了建议。
[Abstract]:Huang Hai is one of the four major sea areas in China, which is of great economic and strategic significance to our country. It has made a great contribution to the development of the coastal social economy and the improvement of people's life, and has played a vital role in the national economy and the people's livelihood. However, with the rapid development of population and economy in recent years, the environmental problems in China's Huang Hai sea areas have become increasingly prominent, the environmental quality has obviously declined, the ecological environment has been deteriorating day by day, and the red tide and other disasters occur frequently. Pollution, overfishing and marine, coastal engineering and other man-made factors have aggravated the destruction of marine ecosystem, coupled with some natural changes, which make the ecological cycle and sustainable use of Huang Hai ecosystem face a huge threat. Therefore, it is urgent to pay attention to the problem of Huang Hai biological resources. This paper is divided into four parts to discuss. The first part is the overview of biological resources in Huang Hai sea area of China. The first part of this part from the geographical, economic and human perspectives on the Huang Hai sea area for a general discussion, through the discussion of the concept of marine living resources, Classification and nature lay the foundation of natural and social sciences for the conservation system of marine living resources discussed below. Secondly, this part introduces the severe challenges faced by the management of biological resources in the Huang Hai sea area, and expounds the dilemma of the development of Huang Hai from the aspects of pollution, over-exploitation and so on. The second part is a review of the legal system of biological resources management in China's Huang Hai sea area. Firstly, by combing the composition of the legal system of Huang Hai management and the legislative status along the three provinces of Huang Hai, this paper concludes the existing problems in the management of biological resources and provides a factual basis for the following countermeasures to protect the biological resources of Huang Hai. The third part mainly reviews the foreign biological resources management system. Based on the actual situation of Huang Hai, this part analyzes the utilization of biological resources of Huang Hai in China from the disputes between China and South Korea and Japan on the rights and interests of Huang Hai by introducing the "Sino-Japanese Fisheries Agreement" and "Sino-Korean Fisheries Agreement". Secondly, this part uses the method of comparative analysis to compare and analyze the marine living resources management systems in the Seto Sea, Mediterranean Sea, Black Sea and North Sea areas of Japan, and classify and summarize the foreign marine living resources management systems. Using foreign management experience for reference, it is expected to provide reference for solving the legal problems of Huang Hai biological resources management in China, and also provide some inspiration for the fourth part of this paper. The fourth part discusses the perfection of the legal system of Huang Hai biological resources management in China. In this part, suggestions are put forward from five aspects: strengthening environmental protection and management of marine resources development and utilization, pollution control and prevention, marine ecological protection, marine environmental disaster prevention and capacity-building, continuous improvement of marine legal system and public participation.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
本文编号：2144888
[Abstract]:Huang Hai is one of the four major sea areas in China, which is of great economic and strategic significance to our country. It has made a great contribution to the development of the coastal social economy and the improvement of people's life, and has played a vital role in the national economy and the people's livelihood. However, with the rapid development of population and economy in recent years, the environmental problems in China's Huang Hai sea areas have become increasingly prominent, the environmental quality has obviously declined, the ecological environment has been deteriorating day by day, and the red tide and other disasters occur frequently. Pollution, overfishing and marine, coastal engineering and other man-made factors have aggravated the destruction of marine ecosystem, coupled with some natural changes, which make the ecological cycle and sustainable use of Huang Hai ecosystem face a huge threat. Therefore, it is urgent to pay attention to the problem of Huang Hai biological resources. This paper is divided into four parts to discuss. The first part is the overview of biological resources in Huang Hai sea area of China. The first part of this part from the geographical, economic and human perspectives on the Huang Hai sea area for a general discussion, through the discussion of the concept of marine living resources, Classification and nature lay the foundation of natural and social sciences for the conservation system of marine living resources discussed below. Secondly, this part introduces the severe challenges faced by the management of biological resources in the Huang Hai sea area, and expounds the dilemma of the development of Huang Hai from the aspects of pollution, over-exploitation and so on. The second part is a review of the legal system of biological resources management in China's Huang Hai sea area. Firstly, by combing the composition of the legal system of Huang Hai management and the legislative status along the three provinces of Huang Hai, this paper concludes the existing problems in the management of biological resources and provides a factual basis for the following countermeasures to protect the biological resources of Huang Hai. The third part mainly reviews the foreign biological resources management system. Based on the actual situation of Huang Hai, this part analyzes the utilization of biological resources of Huang Hai in China from the disputes between China and South Korea and Japan on the rights and interests of Huang Hai by introducing the "Sino-Japanese Fisheries Agreement" and "Sino-Korean Fisheries Agreement". Secondly, this part uses the method of comparative analysis to compare and analyze the marine living resources management systems in the Seto Sea, Mediterranean Sea, Black Sea and North Sea areas of Japan, and classify and summarize the foreign marine living resources management systems. Using foreign management experience for reference, it is expected to provide reference for solving the legal problems of Huang Hai biological resources management in China, and also provide some inspiration for the fourth part of this paper. The fourth part discusses the perfection of the legal system of Huang Hai biological resources management in China. In this part, suggestions are put forward from five aspects: strengthening environmental protection and management of marine resources development and utilization, pollution control and prevention, marine ecological protection, marine environmental disaster prevention and capacity-building, continuous improvement of marine legal system and public participation.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前2条
1 管岑;海岸带生态系统管理法律研究[D];中国海洋大学;2011年
2 赵蕾;中国制定《海洋基本法》的必要性和可行性研究[D];中国海洋大学;2011年
，本文编号：2144888
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