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The dilemma and countermeasure of Chinese fishermen's protection of fishery right

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DOI: 10.23977/law.2024.030221 | Downloads: 2 | Views: 121

Author(s)

Sulin Chen 1

Affiliation(s)

1 School of Marine Law and Humanities, Dalian Ocean University, Dalian, Liaoning, 116000, China

Corresponding Author

Sulin Chen

ABSTRACT

As a big fishing country, China has rich fishery resources and fishery production areas. In judicial practice, China has gradually strengthened the crackdown on fishery violations, but neglected the protection of fishermen's rights and interests. The protection of the rights and interests of Chinese fishermen has the following problems: inadequate legislation on fishery rights, unreasonable establishment of fishery administrative agencies, lack of effective supervision over fishery administration, unclear authority of fishery administrative law enforcement, and lack of supervision over non-performance of aquaculture rights obligations. In this regard, it is necessary to effectively protect the rights and interests of Chinese fishermen, clearly define the subjects of fishermen's rights and interests, incorporate the concept of fishery rights into laws, set up fishery management institutions, and improve fishery administration procedures, so as to effectively protect the rights and interests of fishermen on sea islands and promote the sustainable development of fishing villages on sea islands.

KEYWORDS

Fishermen, Fishery rights, Fishery Law of the People's Republic of China

CITE THIS PAPER

Sulin Chen, The dilemma and countermeasure of Chinese fishermen's protection of fishery right. Science of Law Journal (2024) Vol. 3: 139-145. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030221.

REFERENCES

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[2] Article 6 (2) of the Fisheries Law of Japan (Law No. 267 of December 15, 1949).
[3] Article 6 (2) and Article 26 (1) of the Fisheries Law of Japan (Law No. 267 of December 15, 1949).
[4] Article 30 of the Fisheries Law of Japan (Law No. 267 of 15 December 1949).
[5] Sun Xianzhong, Research on Fishery Rights in China, Law Press, 2006, p. 11.
[6] Cui Jianyuan, Research on Quasi-Property Rights, Law Press, 2003, p. 364.
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[8] Wang Lei. On the Protection of fishery right legal system in China [D]. Changchun: Jilin University, 2019.
[9] Xiong Jing. On the existing problems and Improvement of China's maritime Administrative Remedies [D]. Changsha: Hunan Normal University, 2012.
[10] Hou Liwei. Analysis on the status quo and countermeasures of fishermen's rights protection in Hainan Province [J]. Academic Theory, 2016, (1):20-21.

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