Strengthen the comprehensive management of islands with scientific legislation
September 11, 2019 09:03 Source: "China Social Sciences" September 11, 2019 Total No. 1776 Author: Ma Jinxing

Comprehensive management of island is the resource from the islands and its surrounding waters under the jurisdiction of the country、The overall interests of the environment start,Through the formulation and implementation of relevant legislation、Policy、Zone Plan and other management measures,Organization coordination、Comprehensive balance between the subjects of all parties in the development and utilization of the island,to achieve the maintenance of national territorial sovereignty and marine rights,Protect the ecological environment of the island and the surrounding waters,The purpose of developing island resources reasonably。"Thirteenth Five -Year Plan" of the National Island Protection Work "(hereinafter referred to as" Plan ") points out,Comprehensive island comprehensive management based on ecosystems has become the development trend of global island protection management today,It is proposed that by 2020 my country's comprehensive management capabilities in China have achieved new progress in the progress of new progress。Since the implementation of the "Island Protection Law" in 2010,my country has achieved comprehensive management of uninhabited islands,The use and protection of residents' islands shall be responsible for the division of labor in different departments。The newly formed Ministry of Natural Resources in 2018 is responsible for fulfilling all the land of the whole people、Mineral、Forest and other types of natural resources asset owners' responsibilities,Coordinated supervision of the development and utilization and protection of natural resources。On this time,It should integrate the management mechanism of residents 'islands and no residents' islands,Based on scientific legislation,Strengthen the comprehensive management of the island。

  bet365 live casino games The island is land but surrounded by the ocean,It is a part of natural resources but is also part of the ocean。Comprehensive management of island is to focus on all issues related to island resources and environmental management in the comprehensive marine management framework,Form a comprehensive governance system。Since the 1980s,Ocean -based comprehensive management ideas based on ecosystems gradually become the mainstream of marine resource management,The United Nations "Age of the 21st Century" clearly states that "the marine environment including the ocean and its near coastal areas constitutes an environment as a whole,You need to protect and manage in a comprehensive way "。1995 "Jakarta Mandate" on the ocean and coastal biodiversity recommends that various ecosystem management paths are widely used,Proposal marine ecosystem methods that monitor and estimate the health of the ecosystem,Promote comprehensive marine management,Realize the sustainable use and biological diversity of the ocean and coastal ecosystems。2018 UN Secretary -General's Report on the Ocean and Ocean Law emphasized again,"Marine Space Questions,Including the challenges faced in the aspects of the ocean and its resources in conservation and sustainable use,Pocket related to each other,You need to pass the unification、Interdisciplinary、Overall consideration of cross -departmental practice ",To this end, "must strengthen cooperation and coordination,and take comprehensive management measures,To balance society、A relationship between economic and environment "。

  my country's island utilization and protection management is based on public ownership of natural resources。There are two types of land ownership systems in residents' islands including national ownership and collective ownership,but no residential island belongs to the country all,The State Council represents the state of the state to exercise the ownership of no residents' islands。The right to use the island without residents exist as a type of independent use right,There are residential islands divided according to the type of natural resources,Relying on different natural resources on the island to set up land use rights、Forest use right、Right to use water resources、Beach coating right, etc.。"Island Protection Law" since its implementation,my country has achieved comprehensive management of non -residents' islands,According to the provisions of Article 5 of the Law,The use and protection of the islands without residents is responsible for the unity of the unity of the residential island.,Including the registration of the right of useless islands for residents、Development and utilization approval。The use and protection of residents' islands resources are managed by multiple departments for division of labor,National Ocean Administrative Department's competent department of marine administrative departments on the ecological protection supervision and management of residents is the beach or tide belt,The resource utilization and environmental protection of the island beach or tide belt to the extended area is responsible for the division of labor in other departments。Because the management of residents island involves the natural resources department、Agricultural Department、Water conservancy department and other departments,Island resource utilization and protection lacks coordination unity and information sharing legal constraint mechanism。The intertwined of interests affects the administrative decision and implementation of residents' island management,It is difficult to achieve the deserved governance effect,Integrating the comprehensive management system of residents' islands and non -resident islands is imminent。

  Improve the comprehensive management level of my country's islands based on the ecosystem。The island's natural resources are systematic、Basic characteristics,"Planning" requires "penetrating the" ecological+"thought throughout the whole process of protection of the island,Establish and improve an ecosystem -based island comprehensive management system "。Building an island comprehensive management based on the "ecological+" thought,You need to strengthen the management of the island system,Management mode transition from social management to social governance。Traditional linear management model -led linear management model cannot give effective interpretation and response plans for complex island management issues。Increase the coordination and synergy effect of the island comprehensive management system,Cooperation governance must be implemented,Realize the co -governance of multiple subjects,Island governance in the law of rule of law,Promoting the open system、Construction of the social negotiation system and responsibility system,Further improve the integrated level of island management,Keep the island land、Mineral、Forest、Coordination of various resource management of wild animals and plants,The systemic and effectiveness of improving management。

  The scope and level of improving the centralized and unified management of the island.As far as the ecological attributes of the island are concerned,Is there a resident of the island,The integrity of the island ecosystem、Regional and diverse use of cross -administrative regional and diversified use does not have a direct relationship,The development and utilization of different types of island resources involves the problem of ecological environmental protection。Department division and administrative division division,Make the complete island ecosystem artificially divided,Cross -overlapping and fragmented phenomena are obvious,It affects the play of ecological protection function。So,According to forest、Geological relic、Potoosaic Rites、Wildlife、environmental elements such as wild plants and other environmental protection of residents island environmental protection,Adopt a divided management mode,Neither scientific nor reasonable; therefore, it should be based on respect for the integrity of the marine ecosystem,Incorporate the island of residential islands into the scope of the competent department of nature,By improving their respective politics caused by the management of different departments for different fields、Power conflict situation。

 Formulate the use and protection management of comprehensive legislative islands.Comprehensive management of island is the participation process of decision -making,Maintain the stable process of decision -making participation and institutionalize it,You need to support it through legislation。In the process of seeking the harmonious value of the use and protecting the legislative value of the island,Use and protect the relationship between value variables in the behavior mode,The use of the island is the use of "conditional",The protection of the island is not equal to the priority of extreme environmental value,Island use and protection does not have a constant value order position。The use and protection value choice cannot surpass the legal status of the island as the national territory,The coordination relationship between the use of the island and protection,In fact, in the process of realizing the national marine strategy,Dynamic sorting of island value,Instead。"Island Protection Law" is called "Island Protection",But the content also involves the management of the island,The tendency to categorize。"Island Protection Law" has been implemented since its effectiveness,Comprehensive management of the island is continuously strengthened,Island use and protection management comprehensive legislative mode has a system foundation。Method of formulating a single -line method for the use and protection management of island,It is no longer in line with the general trend of my country's active promotion of comprehensive marine management,Promoting the comprehensive legislation of island management,Actual feasibility。

  Implement the principle of risk prevention in the comprehensive management legislation of the island.Protection priority is not equal to risk prevention,"Planning" pointed out when stipulated the principle of "Protection Priority","Respect nature、conforms to nature、Requirements to protect nature,Mainly repairs naturally,Promoting ecological restoration and rectification,Strengthen the protection of special use islands,Maintain the integrity and safety of the island ecosystem "。"Planning" is the implementation of the "Island Protection Law",The interpretation of the principle of priority in the "Plan" reflects the meaning of the principle of priority in the Protection of the Island。For environmental damage that can be determined in scientific, the principle of "prevention -oriented",For the principle of "protection priority" for environmental risks that cannot be determined in science for the time being,。So,The principle of "Protection Priority" cannot completely cover risk prevention。The connotation of integrating the principles of "prevention -oriented" and "Protection Priority","Island Protection Law" is necessary to be based on the importance of the importance of the service function of the island ecosystem and ecological sensitivity space,Establish the principle of risk prevention,To supervise and manage the risks that may encounter the ecological environment of the island,Try to avoid or reduce the damage brought by it。

  Establish a comprehensive management coordination agency at the top -level design.2013,In order to strengthen the coordinated planning and comprehensive coordination of marine affairs,Proposal of the reform and functional transformation plan of the State Council,Establish a high -level negotiation coordination agency National Marine Commission,Responsible for studying and formulating national marine development strategies,Coordinated and coordinated ocean major matters。Based on this,You can add an island comprehensive management working group under the National Marine Commission,Adopt a tender coordination mechanism,The internal contact of the mechanism is based on the autonomy coordination mechanism。Internally coordination in the working group,Autonomous coordination mechanism,With the help of establishing an information sharing platform,Realizing information sharing between government departments and between government and scientific research institutions,Electronic information network governance by improving information exchange,Promote the consensus of the island comprehensive management and effectively avoid the recurrence of information and waste the waste of administrative resources。In terms of coordination of comprehensive management organizations in the island,Establish a target -oriented department division of labor and collaboration。First,Consultation to formulate common goals。In the formulation phase of the common goal,Give full play to the subjective initiative of various functional departments,Under the guidance of government leadership or institutional rules,Methods through exchange and consultation,Based on sincere cooperation,Depart from the overall situation,Formulate common management goals and regulatory strategies,Preventing some functional departments from the banner of management affairs seeking special interests for the department。2,Regulatory activities centered on common goals。During the target implementation stage,All related functional departments shall build a variety of forms of collaboration mechanisms,Contact from the scope of specific permissions、Working process connection、Information exchange and sharing、Technical measures complementary cooperation。third,Determine the management right of specific matters。Review through the business processing process through the functional department,Change the situation where the functions of various functional management agencies overlap,Make each transaction only one functional agency management,Do the institution does not overlap、The business does not repeat。and the behavior of a functional department may affect the common goal of transaction,Opinions of coordinated organizations must be solicited,To achieve a coordinated plan。

  (Author Unit: Institute of International Law of the Chinese Academy of Social Sciences)

Editor in charge: Wang Ning
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