Against the backdrop of intensifying global warming, marine carbon sinks have emerged as a crucial pathway to achieve China's “dual carbon” goals due to their exceptional carbon sequestration capacity. Through normative analysis and comparative research, this study examines domestic and international legislative practices to identify gaps in the legal framework regarding ownership definition, accounting standards, and regulatory mechanisms. The findings reveal challenges including ambiguous legal status, unclear ownership rights, inconsistent accounting methods, and fragmented governance structures that hinder market-driven development and nationwide integration. The study recommends establishing a “central-local collaborative” legislative system to clarify ownership structures, promote unified accounting standards aligned with international standards, and provide systematic legal safeguards for China's marine carbon trading. These measures will facilitate the achievement of China's “dual carbon” goals while enhancing its influence in global climate governance.
The establishment of a sound system of marine and fishery administrative law enforcement can effectively protect marine resources from damage and safeguard the country′s maritime rights and interests, but in practice, it still faces a series of problems that need to be solved urgently. In view of this, this paper takes the marine and fishery administrative law enforcement system of Liaoning Province as an example, conducts in-depth research on the basis of expounding its current situation, and puts forward countermeasures and suggestions from five aspects: timely improvement and revision of relevant laws and regulations, standardization of administrative punishment discretionary benchmarks, clarification of the division of rights and responsibilities of administrative law enforcement subjects, detailed preparation of administrative law enforcement investigation procedures, and vigorous strengthening of supervision from multiple dimensions, in order to provide reference for China to further improve the administrative law enforcement system of marine and fishery.
With the accelerated expansion of China's marine economy, the national marine fisheries sector has experienced substantial development. Integrated law enforcement in marine fisheries represents a pivotal area within China's administrative enforcement system. It plays an essential role in enabling marine fisheries regulatory authorities to maintain maritime order, safeguard fishery resources, and ensure fishing vessels safety. This study systematically investigates the informatization development of integrated law enforcement in marine fisheries, addressing the current issues of weak functionality of water monitoring systems, the incomplete cross departmental collaboration mechanisms, the insufficient reserve of professional talents, and the insufficient legislative adaptability in the use of data from information platforms. This work systematically explores the transformation and upgrading path of digitization, intelligence, and modernization. The proposed recommendations encompass four primary dimensions, upgrading nationwide aquatic monitoring infrastructure, optimizing interdepartmental collaborative enforcement platforms through digital transformation, developing interdisciplinary expertise that integrates information technology competencies with marine fisheries law enforcement proficiency and improve the legislative adaptability of data usage on information platforms. The implementation of these measures will facilitate the establishment of "smart fisheries" ecosystems, improve the informatized framework for comprehensive marine fisheries law enforcement, and promote supply-side structural reforms in the fisheries industry.
Studying the impact of digital economy development on marine environmental quality has important theoretical and practical significance for achieving a win–win situation between high-quality economic development and high-level ecological environment protection. This article selects the marine environment of coastal provinces and cities in China from 2011 to 2022 as the research object and uses the entropy method to comprehensively evaluate the quality of marine environment and the level of digital economy. Also, we construct intermediary and threshold effect models to deeply explore the impact mechanism of digital economy development on marine environmental quality. We find that digital economy and marine environmental quality both show a wave-like rising trend, but the comprehensive level is relatively low. The development of the digital economy can effectively improve the level of marine environmental quality, and the digital economy promotes the improvement of marine environmental quality by improving the level of marine economy. The level of economic development and industrial scale has created a threshold effect in the process of promoting the development of marine environmental quality through the digital economy. Therefore, strengthening the digital governance of the marine environment and promoting the industrialization of marine ecology and the ecologicalization of marine industries will help promote the integrated development of the digital economy and marine environment.
Based on 2011–2020 panel data for China’s coastal cities and provinces, this study used the entropy method and Theil index to measure marine environment quality (MEQ) and construct MEQ indicators. We used the Theil index to measure heterogeneity in regional MEQ and a geographic detector model to explore the driving factors of MEQ. Our study resulted in the following findings: (1) MEQ increased in waves, but the overall quality was relatively low, forming a spatial distribution pattern of high in the north and south, and low in the east. Moreover, MEQ was polarized between provinces. (2) Regional MEQ showed a distribution pattern of significant differences between the east and the north but small differences in the south. The regional gap was significant but gradually narrowing, with the contribution rate of intra-regional differences reaching over 90%. Meanwhile, interregionalinter-regional differences were relatively small and showed a balanced development trend. (3) Agricultural and aquaculture pollution were found to be the main factors affecting MEQ. The effect of marine engineering pollution was significantly increasing while that of environmental regulation intensity was relatively weak. The interaction between different driving factors mainly manifested as dual-factor enhancement and nonlinear enhancement.
Marine fishing is related to the balance of marine natural ecosystem and national food security. At present, marine fishing industry in China develops rapidly and its market prospect is broad, but there are still some problems to be solved. This paper analyzes the current situation of marine fishery and related laws in China, and puts forward development suggestions for a series of problems, such as the defects of the fishing license system, the weak operability of the quota fishing system, and the lack of scientificity of the "one-size-fits-all" off-season fishing moratorium. The following development suggestions are provided: (1) Improve the restrictive management measures of the fishing license system, strengthen supervision and raise the threshold for entry; (2) Increase the operational legal provisions of fishing quotas, and to establish a database of total available catches for marine fisheries and to establish a corresponding system of government financial subsidies; (3) Learn from Canada, the United States and other marine fishery developed countries’ advanced experience to improve the fishing moratorium in the summer.
Since the Supreme People's Court decided to reform the way and working process of family trial, many experimental courts have begun extensive practical research, among which the implementation of the family investigator system is a notable feature. In order to further improve the professional ability of family trial, this study aims to conduct in-depth exploration and research from the current state of the family investigator system and refer to the successful experience at home and abroad, and provide some suggestions for improving the family investigator system. First of all, we need to unify the selection system of family investigators; Next, we need to establish a family investigator investigation process; Again, it is necessary to clarify the validity of the findings in law; Finally, we should specify the remedies available to the parties. In order to achieve family harmony and social stability, the work of family trial needs to become more scientific and professional.
Accelerating the high-quality integrated development of digital economy and marine economy is vital for the development of the marine economy in coastal countries and regions. However, few scholars examined such coordination. Here, based on panel data from 2012 to 2019 and the spatial scale of China’s coastal provinces and cities, the entropy method, coupling harmonious degree model (CCDM), Theil index, and Tobit model were adopted to measure and calculate the interval index differences in the marine economic quality and digital economy level. Exploring the coordination between the marine economy and digital economy, the interval difference index, and the coordination impact factors were also important. First, we found that the quality level of the marine economy and digital economy moved forward in waves and spiraled up, but that the quality of development was relatively low. Second, the coordination between the marine economy and digital economy gradually increased. Third, the coordination gap between the regional marine economy and digital economy was obvious. Fourth, the main factors that affected the coordination between the marine economy and digital economy were the level of digital infrastructure construction, the scale of the marine economy, the level of the marine industry, and industrial digitalization. The results have value for the sustainable development of the marine economy of coastal countries and regions.
The rapid economic development and scientific and technological progress have changed the needs of human beings. When the development and utilization of land resources has approached saturation, people's demand for the development and utilization of marine resources will surge accordingly. Due to the increasing number and scale of coastal projects, the legal problems emerge in an endless stream, among which the prevention and control of marine environment pollution will inevitably lag behind and gap in legislation and practice. Therefore, in order to better protect the marine environment, it is necessary to solve the deficiencies in the existing laws and make them have more practical operability to solve the pollution problem of the marine environment caused by coastal engineering construction projects. At present, the problems mainly focus on three aspects: imperfect marine legal system, imperfect liability mechanism for marine pollution damage compensation, and imperfect public participation mechanism. In the context of this legislative situation, by analyzing the historical and practical reasons, putting forward countermeasures and suggestions to solve the legislative limitations, it is necessary to improve the systematic marine legal system, clarify and refine the legal responsibility, improve the marine pollution damage compensation system, implement the public participation mechanism, and establish the environmental knowledge mechanism.
Under the advocacy of the people-oriented concept and the promotion of comprehensive rule of law, China's current major engineering safety accident crimes can no longer solve the frequent quality and safety problems in the field of construction projects, meet judicial practice and the actual needs of the people. This paper puts forward three problems arising in the application of this crime, and analyzes the causes from both subjective and objective aspects; Put forward countermeasures and suggestions for the problem, and provide a theoretical reference for the legislative and judicial application of this crime.
Marine spatial planning is an important component of territorial spatial planning, which is a means of rationally allocating marine spatial resources, promoting sustainable utilization of marine resources, and improving government administrative efficiency.Due to the late development of research on ocean spatial planning in China and the imperfect legal system of ocean spatial planning, this article discusses a series of legal issues arising from ocean spatial planning at home and abroad, and further analyzes the existing problems from a legal perspective.For example, there are low levels of public participation in ocean space planning, a lack of basic marine laws, insufficient legal supervision, and legal separation and governance between the sea and land.In terms of legislation, justice, law enforcement, and other aspects, efforts have been made to establish a complete legal system for marine spatial planning, enhance public participation and promote the full participation of stakeholders, improve the governance mechanism for administrative divisions and conflicts based on ecosystem planning, establish a legal supervision and evaluation system for marine spatial planning, establish a land-sea integrated marine ecological protection system, and propose a vision for a relatively complete legal system for marine spatial planning, I hope this study can provide decision-making reference for relevant departments.
Aquatic products fulfill the protein needs of people and play an important role in food safety. And aquaculture is prized for its high productivity, sustainability and environmental friendliness. Considering the importance of aquaculture, the legal risks exposed during the aquaculture process deserve attention in order to prevent them from hindering the development of the aquaculture industry. Through online research, literature analysis and practical communication, it is shown that the current legal risks with commonalities include land use violations, lack of legal documents, failure to meet tailing water criteria, unquarantined fry and misuse of prohibited agricultural pharmaceuticals through online research, literature analysis and practical communication. By analyzing the reasons for the formation of legal risks and combining the experiences in sustainable development of three major aquaculture countries, which are Korea, Norway and Chile, this paper provides targeted preventive remedies and suggestions for aquaculture operators, administrative parties, legislators and other parties on legal risks. It includes promoting the improvement of the rule of law in multiple aspects, clarifying the positioning of the aquatic breeding certificates, improving and propagating the standards for wastewater discharge, increasing the self-sufficiency rate of aquatic fry and fingerlings, as well as making use of the synergy of soft law and hard law.
With the rapid development of China's economy and society,China continues to devel-op and utilize marine resources,inevitably leading to excessive resource exploitation and pollu-tion damage to the marine environment.Among the pollutants in the marine environment,land-based pollutants account for about 80%,making them the most important pollutant.Therefore,preventing and controlling land-based pollution is a key step in protecting the marine environ-ment.At present,the legal system for preventing and controlling land-based pollution in China has developed,but there are still some problems.It is necessary to analyze the legal system for preventing and controlling land-based pollutants from causing pollution damage to the marine environment,and improve it accordingly.The paper discussed the concept and types of land-based pollutants,analyzed the shortcomings of China's current legal system for preventing and controlling land-based pollutants from causing pollution damage to the marine environment,and proposed improvement suggestions,mainly including modifying or reformulating relevant laws and regulations,improving relevant legal responsibilities,and improving the public participation system.
Possession is the starting point of property rights.In pure possession without any legal factors, it encompasses all the most fundamental characteristics of property law: willpower, dominance, and exclusivity.Although the property law replaces the factual requirement of possession with a rational design of rights and becomes the core of domination, the important role of possession in the property law has not been lost as a result.The possession system of property law reflects the protection of citizens' interests and plays a very important role in maintaining social stability and peace.In the handling of affairs, it is necessary to reasonably control personal behavior and facilitate substantive control of things.
China has good aquaculture conditions and policies, and the aquaculture industry is booming, but it also brings some problems. In order to increase the output of aquatic products and improve economic benefits, aquaculture farmers use fishery drugs in the process of aquaculture. However, due to unscientific drug use and other operations, the quality and safety of aquatic products are often caused and the ecological environment is polluted. In order to promote the sustainable development of China's aquaculture industry and promote social and economic development, this paper analyzed the problems from the aspects of law, supervision and management. At present, there were practical problems in the legal system, ecological environment protection, supervision, withdrawal period system and division of labor in various departments of aquaculture in China. From a legal point of view, combined with China's current situation and the experience of other countries, it was recommended to clarify the punishment standards and regulations, establish and improve the legal system for the ecological protection of aquaculture environment, strengthen the supervision of fishery drugs, improve the system and management mode of drug withdrawal period, and improve the management efficiency, so as to solve the problems related to aquaculture drugs.
为了解1992-2022 年间我国高等教育法研究现状及趋向,文章运用CiteSpace软件绘制可视化的知识图谱.结果表明,我国高等教育法的研究热点主要有"高等学校的法律地位及法律关系研究、高校自主办学权与法律保障研究、高等教育法律改革研究、受教育权问题的研究"四大类.我国高等教育法的研究还需强化法律体系研究,巩固高等教育法立法价值的研究,加强法学本位研究及重视高等教育法的执法监督研究,以期为我国高等教育的高质量发展提供新思路.
当今法律问题呈现复杂化特征.法学教育跨学科化既是应对挑战又是遵循学科发展规律之举.哈佛大学法学院法律博士跨学科系列项目经过十几年的发展,形成了比较成熟的培养模式.在具体实施过程中,哈佛大学法学院法律博士跨学科项目表现出以下鲜明特征:跨学科教育理念成为法律人才培养的主导;协同性资源共享成为法律人才培养过程的载体;联合组织管理协调不同主体的利益.这对我国法治人才跨学科培养有着重要启示意义:一是注重回应社会需求,找准跨学科法治人才培养定位;二是重视跨学科思维,拓宽法治人才培养路径;三是应当变革管理体制,增设跨学科法治人才培养组织机构.
The relationship between human rights and the constitution and the law has long been regarded as the core issue in the field of law. This core element essentially originates from the importance of the two concepts in the legal system and the family similarity in the value connotation between the two concepts. The source of western constitutionalism lies in the realistic demand for human rights recognition, and its value lies in the respect for human rights. The development of western constitutionalism has always been closely related to the core issue of “human rights protection”. The study and the reveal of the essence of the western constitutionalism and human rights protection are helpful to provide reference for the theory and practice of governing the country according to the constitution in China.