基于海洋环境和生态保护的海域关闭立法制度研究
发布时间：2018-11-12 08:14
【摘要】：海洋是全球生命支持系统的基本组成部分之一,也是有助于实现可持续发展的宝贵财富,人类利用和开发海洋已延续千年。从早期的沿海渔盐产业等发展到二十世纪对深海海底资源的开发,人类在利用海洋资源、发展海洋经济方面取得了长足的进步。改革开放以来,我国沿海地区依靠海洋区位和资源优势,社会经济迅速发展,成为中国社会经济最繁荣的地带。随着沿海地区社会经济的持续、快速发展,也加快了我国的人口趋海性集中、迁移活动,给海洋生态环境造成了越来越大的压力,使海洋环境和生态处于非良性循环状态。2008年2月,针对日益严重的海洋环境污染及生态破坏问题,我国首次发布了海洋领域的总体规划——《国家海洋事业发展规划纲要》,《纲要》中明确提出了“海洋资源可持续利用、海洋环境和生态保护”的目标,提出“将计划建立海域关闭制度”。及时的研究制定我国海域修复及保护的海域关闭制度已经适时地提出,这对于保证我国海洋经济、沿海地区社会经济的可持续发展,进一步促进我国海洋经济可持续发展具有重要意义。我国在海域关闭问题上,无论是理论研究还是实际操作,都没有形成一个统一、完善的系统,海域关闭制度在我国的立法上没有明确规定,也尚乏对海域关闭立法进行深入研究者。理论界一般都是从海洋生态法角度来研究海洋环境和生态保护的法律制度和体系,将海域关闭作为海洋生态研究的一部分,所提出的建议和对策也都是综合性较强的,少有针对海域关闭制度提出构想者。在广泛搜集国内外有关海域开发利用活动和海洋环境管理、海域关闭管理方面的制度、体系、法律规范等最新信息资料的基础上,文章对国内外关于海洋环境保护以及生态保护的立法及管理模式等进行了深入分析、分类总结,通过对海域使用管理、海洋生态保护等理论与方法进行研究、分析,结合我国海域的实际以及海洋功能区划,对我国海域关闭类型进行分类,设计我国海域关闭的具体指标,确定海域关闭、开启,海洋环境治理的标准,并在海域达到海域关闭、开启时,所需采取的措施建议,最终提出建立我国海域关闭的制度框架的建议,更好地解决我国海洋环境问题,从而促进我国海洋经济可持续发展。在研究方法上,主要采用了实证分析和价值分析相结合的方法对所搜集和掌握的素材进行研究,总结我国海洋环境现存的问题及国外主要海洋国家解决相关问题所取得的成果,通过将我国的海洋保护和开发相关政策措施及立法情况与国外先进国家进行比较分析,从而分析我国现有海洋环境保护和管理模式存在的一些弊端,并对国外的有效模式进行合理借鉴,形成具有可操作性的立法建议。
[Abstract]:The ocean is one of the basic components of the global life support system, and it is also a valuable asset contributing to the realization of sustainable development. Human use and exploitation of the ocean has lasted for thousands of years. From the early development of coastal fishery and salt industry to the exploitation of deep-sea seabed resources in the 20th century, human beings have made great progress in the utilization of marine resources and the development of marine economy. Since the reform and opening up, the coastal areas of our country rely on the advantages of marine location and resources, and the social economy has developed rapidly and become the most prosperous zone of China's social economy. With the sustained and rapid development of social economy in coastal areas, the population concentration and migration activities in our country have been accelerated, which has brought more and more pressure to the marine ecological environment. In February 2008, in response to the increasingly serious problems of marine environmental pollution and ecological destruction, China issued for the first time a general plan for the marine field, the outline of the National Marine Development Plan, in which the marine environment and ecology are in a non-benign cycle. In the outline, the goal of "sustainable use of marine resources, marine environment and ecological protection" is clearly put forward, and "establishing sea area closure system" is put forward. Timely study on the establishment of a sea area closure system for the restoration and protection of the sea area in China has been put forward in due course. This will ensure the sustainable development of the marine economy and the social economy of the coastal areas in China. It is of great significance to further promote the sustainable development of marine economy in China. On the issue of sea area closure, no matter whether it is theoretical research or practical operation, our country has not formed a unified and perfect system, and the sea area closure system has not been clearly stipulated in our country's legislation. There is also a lack of sea area closure legislation in-depth research. The theoretical circle generally studies the legal system and system of marine environment and ecological protection from the point of view of marine ecological law. The closed sea area is regarded as a part of marine ecological research, and the suggestions and countermeasures put forward are also relatively comprehensive. Few have come up with ideas for the closure of the sea. On the basis of extensive collection of the latest information materials on the activities of exploitation and utilization of the sea area and the management of the marine environment, the management of the sea area closure, the system, the legal norms, and so on, This paper makes a deep analysis on the legislation and management mode of marine environmental protection and ecological protection at home and abroad, classifies and summarizes, and analyzes the theories and methods of sea area use management, marine ecological protection, etc. According to the actual situation of our country's sea area and its marine functional regionalization, this paper classifies the types of sea area closure in our country, designs the specific indexes of our country's sea area closure, determines the standards of sea area closing, opening, and marine environment management, and achieves the sea area closure in the sea area. In order to solve the problems of marine environment in China, the measures should be taken to promote the sustainable development of marine economy in China. In terms of research methods, this paper mainly adopts the method of combining empirical analysis and value analysis to study the materials collected and mastered, and summarizes the existing problems of marine environment in China and the achievements made by the major marine countries abroad in solving the related problems. By comparing and analyzing the policy measures and legislation of marine protection and development in our country with the advanced countries abroad, this paper analyzes some disadvantages of the existing marine environment protection and management mode in China. And the effective model of foreign countries for reasonable reference, to form operable legislative recommendations.
【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】：D922.6
[Abstract]:The ocean is one of the basic components of the global life support system, and it is also a valuable asset contributing to the realization of sustainable development. Human use and exploitation of the ocean has lasted for thousands of years. From the early development of coastal fishery and salt industry to the exploitation of deep-sea seabed resources in the 20th century, human beings have made great progress in the utilization of marine resources and the development of marine economy. Since the reform and opening up, the coastal areas of our country rely on the advantages of marine location and resources, and the social economy has developed rapidly and become the most prosperous zone of China's social economy. With the sustained and rapid development of social economy in coastal areas, the population concentration and migration activities in our country have been accelerated, which has brought more and more pressure to the marine ecological environment. In February 2008, in response to the increasingly serious problems of marine environmental pollution and ecological destruction, China issued for the first time a general plan for the marine field, the outline of the National Marine Development Plan, in which the marine environment and ecology are in a non-benign cycle. In the outline, the goal of "sustainable use of marine resources, marine environment and ecological protection" is clearly put forward, and "establishing sea area closure system" is put forward. Timely study on the establishment of a sea area closure system for the restoration and protection of the sea area in China has been put forward in due course. This will ensure the sustainable development of the marine economy and the social economy of the coastal areas in China. It is of great significance to further promote the sustainable development of marine economy in China. On the issue of sea area closure, no matter whether it is theoretical research or practical operation, our country has not formed a unified and perfect system, and the sea area closure system has not been clearly stipulated in our country's legislation. There is also a lack of sea area closure legislation in-depth research. The theoretical circle generally studies the legal system and system of marine environment and ecological protection from the point of view of marine ecological law. The closed sea area is regarded as a part of marine ecological research, and the suggestions and countermeasures put forward are also relatively comprehensive. Few have come up with ideas for the closure of the sea. On the basis of extensive collection of the latest information materials on the activities of exploitation and utilization of the sea area and the management of the marine environment, the management of the sea area closure, the system, the legal norms, and so on, This paper makes a deep analysis on the legislation and management mode of marine environmental protection and ecological protection at home and abroad, classifies and summarizes, and analyzes the theories and methods of sea area use management, marine ecological protection, etc. According to the actual situation of our country's sea area and its marine functional regionalization, this paper classifies the types of sea area closure in our country, designs the specific indexes of our country's sea area closure, determines the standards of sea area closing, opening, and marine environment management, and achieves the sea area closure in the sea area. In order to solve the problems of marine environment in China, the measures should be taken to promote the sustainable development of marine economy in China. In terms of research methods, this paper mainly adopts the method of combining empirical analysis and value analysis to study the materials collected and mastered, and summarizes the existing problems of marine environment in China and the achievements made by the major marine countries abroad in solving the related problems. By comparing and analyzing the policy measures and legislation of marine protection and development in our country with the advanced countries abroad, this paper analyzes some disadvantages of the existing marine environment protection and management mode in China. And the effective model of foreign countries for reasonable reference, to form operable legislative recommendations.
【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】：D922.6
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