ZHANG Mingjun 1TIAN Qiyun 2HU Desheng3
作者信息
- 1. Yingke Law School,Ludong University,Yantai Shandong 264025,China
- 2. School of Law,Ocean University of China,Qingdao Shandong 266100,China
- 3. Law School,Chongqing University,Chongqing 400044,China
- 折叠
摘要
Abstract
The Ecological and Environmental Code of the People's Republic of China(Draft)adopts a moderate codification approach,incorporating provisions related to marine resource ecological conservation into the code while delegating the development permit sys-tem under the total resource control regime to relevant specialized laws for regulation.This moderate codification seems to be insuffi-cient to resolve the tension between marine resource utilization and ecological conservation,perpetuating structural institutional contra-dictions and severing the connection between ecological principles and legal norms.This study indicates that adherence to ecological principles constitutes the foundational logic for natural resource development and conservation,while respecting and embodying these principles represents a fundamental tenet of environmental legislation.The"quantity-quality-life"trinity model proposed by resource science research for integrated development and conservation should be fully reflected in legislation.Therefore,coordinating the Ecolog-ical and Environmental Code with relevant specialized laws in marine resource development and conservation requires addressing three key aspects:① Coordinating systems for the economical and intensive use of marine resources by respecting and embodying the princi-ples of"spatial-temporal appropriateness,""carrying capacity limits,"and"energy flow and material recycling."This involves refining specialized plans for marine resource development and conservation,establishing statutory procedures for resource carrying capacity as-sessments,defining carrying capacity boundaries and thresholds,controlling resource recycling levels,and enhancing mandatory techni-cal standards for resource conservation and intensive utilization efficiency.② Under the total control system for marine resources,adopting a"code framework+specialized law elaboration"model.This involves planning the total development capacity for ocean ener-gy and offshore wind power,coordinating the preservation rate of natural coastal shorelines,implementing total allowable catch quotas for fishery resources,increasing the proportion of high-quality aquatic products in total output,specifying total mining capacity for min-eral resources,and controlling the total coverage for marine biodiversity conservation and nature reserves.③ Coordinating resource de-velopment licensing systems to implement management rights,usage rights,and operational rights within the integrated framework of marine resource development and conservation,and establishing a development permit coordination mechanism.Only by achieving deep integration and synergy between the Ecological and Environmental Code and relevant specialized laws in these three critical insti-tutional domains can the shortcomings of moderate codification be effectively addressed and can the legal objective of"quantity-quali-ty-life"trinity development and protection for marine resources be ultimately realized.关键词
海洋资源/资源开发与保护一体化/资源承载力/生态环境法典Key words
marine resource/integration of resource development and protection/resource carrying capacity/Ecological and Environ-mental Code分类
社会科学
