台湾渔会与大陆渔民组织的比较与借鉴
发布时间：2018-12-08 09:31
【摘要】：我国大陆渔业管理起步较晚,且渔业管理体系的发展速度明显慢于渔业产业发展速度,渔民与渔业管理者之间的矛盾愈加尖锐。一些大陆学着建议建立渔民团体与行政机关共同管理的模式来加强渔民自治,可以缓解当前的矛盾。台湾省由于历史原因,其渔业法律体系与大陆有一定差异,相对健全的渔会组织体系是台湾渔业管理的一大特色,它是渔民与政府渔业主管机关之间有效的沟通桥梁,为台湾渔业的渔业管理和资源养护做出了重要贡献。本文旨在通过对台湾渔会和大陆渔民组织进行比较,探讨两岸渔业管理、渔民组织制度的异同,并借鉴台湾渔会的成功经验。本文从两岸的渔业现状比较开始。通过对渔业人口、渔业产业结构和渔业模式进行比较,发现大陆渔业人口的比重大于台湾,在渔业产业结构上,台湾以远洋渔业为主,养殖业其次,而大陆养殖业在渔业产业中占有绝对优势,从渔业模式上来看,台湾与大陆的渔业生产都是以小型渔业为主。总的来说两岸渔业人口和产业结构差异较大,但从渔业模式来看,都是以沿海小型渔业为主的模式,从这一点来看,大陆可以借鉴台湾渔业管理制度,但是要有选择性。从两岸渔业管理制度的比较来看,台湾与大陆渔业管理最大的区别即台湾拥有相对成熟的渔业权制度,而大陆没有。而两岸渔业管理的相同点则是都是用了渔业许可证制度,即控制投入的管理制度。大陆渔业权制度的缺失是台湾渔会制度经验应用与大陆渔业管理最大的障碍,而相同的投入控制制度又为大陆借鉴台湾渔业管理制度提供了可能性。从两岸渔民组织的比较来看,在相关立法上,台湾拥有健全的渔会法律体系,而大陆几乎没有针对渔民组织的法律;从组织机构来看,两岸渔民组织都采用会员代表大会制度,但在组织与分支机构的关系上以及会员组成上差异较大;从业务范围来看,台湾渔会更倾向于直接服务渔民,而大部分大陆渔民组织则倾向于是服务政府和产业,即所谓的半官方组织。但其中渔民专业合作社在组织机构、会员组成、业务范围上来看与台湾渔会有着较大的相似性,可作为台湾渔会经验在大陆实践的突破口。通过一系列比较,在本文最后一部分,对台湾渔会制度进行了有选择的借鉴。首先是在渔业权方面,大陆应加快“渔业权”法律体系的完善,明确渔业权的内容等,以此来保证渔民通过渔民组织获得渔业权的顺利进行;在渔民组织立法方面,大陆应加强对立法的重视,对渔民组织相关立法进行完善,填补立法空白,让大陆渔民组织的成立和运行有法可依;在渔民组织方面,建议在福建省等与台湾资源水平、渔民文化相似的地方以渔民专业合作社为依托开展“渔会”的试点工作,对渔民专业合作社进行规范,一是规范合作社的成员数,对成员数量的范围进行限定,二是拓展合作社的业务范围,可采取合作的方式将金融保险等业务加入进来。
[Abstract]:The development of the fishery management system in China is relatively late, and the development speed of the fishery management system is slower than that of the fishery industry, and the contradiction between the fishermen and the fishery manager is more acute. Some mainland studies suggest that the model of common management between the fishermen's groups and the administrative organs should be established to strengthen the self-government of the fishermen, and the current contradictions can be alleviated. Because of the historical reasons, the fishery legal system of Taiwan Province has a certain difference with the mainland, and the relatively sound fishing organization system is a characteristic of the fishery management in Taiwan. It is an effective communication bridge between the fishermen and the government's fishery authorities. It has made an important contribution to the fisheries management and resource conservation of the Taiwan fishery. The purpose of this paper is to explore the similarities and differences of the fisheries management and the fishermen's organization system on the two sides and to draw on the successful experience of the Fisherman's Association in Taiwan. This article begins with a comparison of the current status of fisheries on both sides of the strait. By comparing the fishery population, the fishery industry structure and the fishing model, it is found that the specific gravity of the continental fishery population is greater than that of Taiwan. In the fishery industry structure, Taiwan is dominated by ocean-going fishing, and the aquaculture is the second, while the mainland industry has an absolute advantage in the fishery industry. From the fishing model, the fishery production in Taiwan and the mainland is dominated by small-scale fishery. On the whole, the difference between the fishery population and the industrial structure on both sides of the strait is relatively large, but from the fishery model, the coastal small-scale fishing mode is the main mode, from this point of view, the mainland can use the taiwan fishery management system, but it is selective. On the basis of the comparison of the fishery management system between the two sides, the biggest difference between the taiwan and the mainland fisheries management is that taiwan has a relatively mature system of fishery rights, and the mainland is not. The same point of both cross-strait fishery management is to use the fishery license system, that is, to control the investment management system. The lack of the system of the continental fishery right is the biggest obstacle to the application of the experience of the Taiwan fishing system and the management of the mainland's fishery, and the same input control system provides the possibility for the mainland to use the Taiwan fishery management system. On the basis of the comparison of the fishermen's organizations on both sides of the Taiwan Straits, in the relevant legislation, Taiwan has a sound legal system of fishing and fishing, and the mainland has little law on the fishermen's organization. From the perspective of the organization, the fishermen's organizations on both sides adopt the system of the member's congress. But there is a big difference in the relationship between the organization and the branch and the composition of the members; from the line of business, the fishermen tend to serve the fishermen directly, and most of the mainland fishermen tend to serve the government and the industry, the so-called semi-official. But among them, the fishermen's professional cooperative has a great similarity with the Taiwan fishing industry in terms of the organization, the membership and the scope of business, and can be used as a breakthrough of the experience of the Taiwan fishing industry in the mainland. Through a series of comparison, in the last part of this article, the Taiwan fishing system has been selected for reference. First of all, in terms of the right of fishing, the mainland should speed up the improvement of the legal system of the 鈥渞ight of fishing鈥，
本文编号：2368117
[Abstract]:The development of the fishery management system in China is relatively late, and the development speed of the fishery management system is slower than that of the fishery industry, and the contradiction between the fishermen and the fishery manager is more acute. Some mainland studies suggest that the model of common management between the fishermen's groups and the administrative organs should be established to strengthen the self-government of the fishermen, and the current contradictions can be alleviated. Because of the historical reasons, the fishery legal system of Taiwan Province has a certain difference with the mainland, and the relatively sound fishing organization system is a characteristic of the fishery management in Taiwan. It is an effective communication bridge between the fishermen and the government's fishery authorities. It has made an important contribution to the fisheries management and resource conservation of the Taiwan fishery. The purpose of this paper is to explore the similarities and differences of the fisheries management and the fishermen's organization system on the two sides and to draw on the successful experience of the Fisherman's Association in Taiwan. This article begins with a comparison of the current status of fisheries on both sides of the strait. By comparing the fishery population, the fishery industry structure and the fishing model, it is found that the specific gravity of the continental fishery population is greater than that of Taiwan. In the fishery industry structure, Taiwan is dominated by ocean-going fishing, and the aquaculture is the second, while the mainland industry has an absolute advantage in the fishery industry. From the fishing model, the fishery production in Taiwan and the mainland is dominated by small-scale fishery. On the whole, the difference between the fishery population and the industrial structure on both sides of the strait is relatively large, but from the fishery model, the coastal small-scale fishing mode is the main mode, from this point of view, the mainland can use the taiwan fishery management system, but it is selective. On the basis of the comparison of the fishery management system between the two sides, the biggest difference between the taiwan and the mainland fisheries management is that taiwan has a relatively mature system of fishery rights, and the mainland is not. The same point of both cross-strait fishery management is to use the fishery license system, that is, to control the investment management system. The lack of the system of the continental fishery right is the biggest obstacle to the application of the experience of the Taiwan fishing system and the management of the mainland's fishery, and the same input control system provides the possibility for the mainland to use the Taiwan fishery management system. On the basis of the comparison of the fishermen's organizations on both sides of the Taiwan Straits, in the relevant legislation, Taiwan has a sound legal system of fishing and fishing, and the mainland has little law on the fishermen's organization. From the perspective of the organization, the fishermen's organizations on both sides adopt the system of the member's congress. But there is a big difference in the relationship between the organization and the branch and the composition of the members; from the line of business, the fishermen tend to serve the fishermen directly, and most of the mainland fishermen tend to serve the government and the industry, the so-called semi-official. But among them, the fishermen's professional cooperative has a great similarity with the Taiwan fishing industry in terms of the organization, the membership and the scope of business, and can be used as a breakthrough of the experience of the Taiwan fishing industry in the mainland. Through a series of comparison, in the last part of this article, the Taiwan fishing system has been selected for reference. First of all, in terms of the right of fishing, the mainland should speed up the improvement of the legal system of the 鈥渞ight of fishing鈥，
本文编号：2368117
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