中日海权争端及其对策研究

发布时间：2018-03-22 08:20

本文选题：中日海权争端　切入点：海洋战略　出处：《中国海洋大学》2011年硕士论文　论文类型：学位论文

【摘要】：《联合国海洋法公约》的生效改变了国际海洋秩序及其斗争的方式和手段,中日海权之争已成为中国海权发展的一个严峻的挑战。中日海权争端已经存在了很长时间,只是之前人们还未明确地意识到此为“海权”之争。而随着中国近年来海洋意识的提高,越来越认识到了发展海洋事业对于国家发展的重要性。日本的海权观和海洋战略也随着时代的变迁发生着转变,中日两国的“海权”之争有了更深层次的内容。想要妥善地解决中日海权之争,首先要明确什么是海权,中国海权又包含哪些内容,中国海权的发展要符合中国海洋战略的需要,中国的海洋战略又是什么。本文研究的对象是中日海权之争,所以也对日本的海权、海洋战略进行了研究。其次是研究中日海权争端的内容,主要是钓鱼列岛的领土主权问题以及东海划界问题。笔者认为除了这两大明显的争议之外,随着日本“海洋国家”身份的确立,有明显针对中国的意味的海洋战略的制定、国际形势的发展以及中国自身发展的需要,加强中国海上力量的建设是必须的。也因此,中日两国海上力量的发展同样存在着竞争。再次,尽管中日两国的关系起起伏伏,颇多曲折,但是现在两国之间的经济关系是非常紧密的。而两国的政治关系和经济关系又往往联系在一起,互相产生着影响,中日海权争端是影响两国关系的一个重要因素,所以对于如何解决这个问题,学者们也有了相当数量、相当程度的研究。继续坚持“搁置争议、共同开发”是众多学者赞同的一个原则,本文对于这一原则在中日海权争端中的应用做了深入的研究。包括这一原则是如何提出的,在中日之间使用的效果如何。鉴于之前的效果并不甚理想,对于今后如何继续实行这一原则提出了一些建议。中国和日本是邻国,一味地对抗对彼此都不利,竞争与合作并存同样能够缓和两国之间的矛盾。中日两国其实已经在某些领域和范围展开合作了,可以将陆上的合作延伸到海洋合作中,合作可以缓冲竞争所带来的对抗性,而且双方都能够在合作中获益。本文对可以延伸至海洋的合作进行了一些思考和探讨,例如能源合作领域中可以开发海洋能源的利用、核能的开发利用等合作范围;由于中日两国的很多海上通道都是重叠的,所以可以通过双边合作和参与多边合作等方式共同保护海上通道的安全。走私偷渡等行为大多经由海上,中日两国又都面对着同一片海域,所以海上联合执法、签订引渡协议等形式的合作也是一个可拓展的很好的领域。并且可行性和可操作性是很高的,也比较容易得到实现,还能够有助于维护国家经济秩序和社会秩序。在本文中所说的海权包括了“权利”和“权力”两个方面,所以中国还必须发展相应的海上力量,即拥有一定的海上权力从而能够有力地维护和保障属于中国的海上权利。
[Abstract]:The entry into force of the United Nations Convention on the Law of the Sea has changed the international maritime order and the ways and means of its struggle. The dispute over maritime power between China and Japan has become a severe challenge to the development of maritime power in China. It is just that people have not clearly recognized this as a "maritime power" dispute before. But with the development of China's maritime awareness in recent years, Increasingly aware of the importance of the development of the ocean for the development of the country, Japan's concept of maritime power and its marine strategy have also changed with the change of the times, The "maritime power" dispute between China and Japan has a deeper content. In order to properly resolve the dispute between China and Japan, we must first make clear what is sea power and what content China's sea power contains. The development of China's maritime power should meet the needs of China's maritime strategy, and what is China's maritime strategy? the object of this paper is the dispute between China and Japan on maritime power, so it also has an impact on Japan's maritime power. Secondly, the contents of the maritime rights dispute between China and Japan, mainly the territorial sovereignty of the fishing islands and the delimitation of the East China Sea. The author believes that in addition to these two obvious disputes, With the establishment of Japan's status as a "maritime state", the formulation of a maritime strategy that is clearly aimed at China, the development of the international situation and the needs of China's own development, it is necessary to strengthen the construction of China's maritime power. There is also competition for the development of maritime power between China and Japan. Thirdly, despite the ups and downs of the relations between China and Japan, the economic relations between the two countries are now very close. And the political and economic relations between the two countries are often linked together and have an impact on each other. The dispute over maritime rights between China and Japan is an important factor affecting the relations between the two countries, so scholars have also made a considerable amount of research on how to solve this problem. They continue to insist on "shelving the dispute." "Joint Development" is a principle endorsed by many scholars. This paper makes an in-depth study on the application of this principle in Sino-Japanese maritime disputes, including how this principle was proposed. What is the effect of the use between China and Japan? since the previous results were not very satisfactory, some suggestions were made as to how to continue to apply this principle in the future. China and Japan are neighbors, and it is not good for each other to blindly confront each other. The coexistence of competition and cooperation can also ease the conflict between the two countries. In fact, China and Japan have already launched cooperation in certain fields and scope. Cooperation on land can be extended to maritime cooperation, and cooperation can cushion the antagonism brought by competition. And both sides can benefit from the cooperation. This paper discusses the cooperation that can be extended to the ocean, such as the use of ocean energy in the field of energy cooperation, the development and utilization of nuclear energy, and so on. Since many maritime channels between China and Japan overlap, they can jointly protect the safety of maritime channels through bilateral cooperation and participation in multilateral cooperation. Most of the acts such as smuggling and smuggling through the sea. Both China and Japan are also facing the same sea area. Therefore, cooperation in the form of joint maritime law enforcement and extradition agreements is also a very good field that can be expanded. Moreover, the feasibility and maneuverability are very high, and it is also relatively easy to achieve. It can also contribute to the maintenance of national economic order and social order. The maritime rights mentioned in this article include "rights" and "powers", so China must also develop corresponding maritime forces. That is to say, to have certain maritime power to protect and protect the maritime rights belonging to China.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D823;D993.5

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