Development of Chinese maritime related laws and status and interpretation in legislation system SCOPUS KCI

Title
Development of Chinese maritime related laws and status and interpretation in legislation system
Author(s)
Yang, H.C.; Lee, M.S.; Park, S.W.; Kang, R.
KIOST Author(s)
Yang, Hee Cheol(양희철)Lee, Moon Suk(이문숙)Park, Seong Wook(박성욱)
Publication Year
2008
Abstract
The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Tberefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared (Guideline of the national maritime economic development plan) and this is the first macro-instructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.
ISSN
1598-141X
URI
https://sciwatch.kiost.ac.kr/handle/2020.kiost/4561
DOI
10.4217/OPR.2008.30.4.427
Bibliographic Citation
Ocean and Polar Research, v.30, no.4, pp.427 - 444, 2008
Publisher
Korea Ocean Research and Development Institute
Subject
environmental legislation; institutional framework; international agreement; international law; legislative implementation; marine policy; state role; United Nations; Asia; China; Eurasia; Far East
Keywords
Chinese maritine law; Legislation of NPC standing committee; Legislative interpretation; Legislative law; Legislative procedure
Type
Article
Language
Korean
Document Type
Article
Publisher
Korea Ocean Research and Development Institute
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