Under the perspective of the power of the right to the power of my country's marine governance paradigm
September 09, 2020 09:27 Source: "China Social Sciences" September 9, 2020 Total Issue 2007 Author: Wei Lan

March 2018,The 13th National People's Congress approved the reform plan approved by the State Council to reorganize the important functions of the National Oceanic Administration,Some functions are classified as the Ministry of Ecology and Environment,Some functions are classified as the Ministry of Natural Resources。Keep the sign of the State Oceanic Administration,There is no functional embodiment of the inside。So,Is it important to marine management? the answer is negative。General Secretary Xi Jinping pointed out in the importance of the ocean: "21st Century,Humans have entered a period of large -scale development and utilization of the ocean。The role of the ocean in the national economic development pattern and the role of opening to the outside world is more important,Maintaining national sovereignty、Security、The status of development interests is even more prominent,The characters in the construction of ecological civilization are more significant,In international politics、Economy、Military、The strategic position in scientific and technological competition has also increased significantly。"These discussions all the importance of highlighting the ocean。

The State Oceanic Administration was born because of trouble。We can find,With the proposal of the 18th National Congress of the Communist Party of China,Marine business is placed in the prominent position of national strategic development。For decades,my country's marine governance paradigm has gone through the "Administrative Region Administrative+Industry Management" paradigm,to "Regional Governance" paradigm,Then to the transition process of the "overall governance" paradigm。Analysis of its internal mechanism,Not only helps to clarify the logic behind the change of my country's marine administrative system,It is also related to bet365 live casino games the further development of my country's marine industry。1964,Establishment of the National Oceanic Administration。early 1980s,"Administrative Region Administrative" paradigm first reflects。Five ministries and commissions jointly conducted a comprehensive survey of coastal belt resources in the coastal provinces and cities,The coastal province and city established the "Coastal Ribbon Investigation Office",After 8 years of investigation,"Coastal Ribbon Investigation Office" was changed to the marine bureau (office、Room) and other institutions。The National Oceanic Administration is responsible for people in the area of ​​its jurisdiction、Management of Enterprise and Local Government's Maritime -related Activities,Began to master certain real rights。After the 1980s,my country's further strengthening management of the sea -related industry。Industry management department based on land,Fisheries in marine management、Traffic and salt industry development industry management。At the Ministry of Agriculture,Fisheries in charge of fishery and fishery administration,Fisheries Bureau has set up a fishing administration and fishing port supervision and administration bureau、Fisheries Ship Quarantine Bureau。A Hong Kong Affairs Supervision Bureau was set up under the Ministry of Communications。National Oceanic Administration to salt industry、Fisheries、fishing port、Ship、Hong Kong Affairs and other supervision and management。

Marine governance paradigm changes because of the right to the right。"Administrative Region Administration+Industry Management" paradigm (1964-2000),The State Oceanic Administration's authority focuses on offshore resource management。After the establishment of the State Oceanic Administration,my country's marine industry starts to start,But the restrictions of economic development and technical level,The development and utilization of marine resources concentrated in the offshore area,Especially coastal belts、The development bet365 best casino games and utilization of coastal beach coating becomes the focus of marine economic activities。Coastal、The management of coastal coating has obvious land management characteristics。Given that the vertical management system of the State Oceanic Administration needs to be further improved,my country's marine governance based on "administrative division administration" is a relatively reasonable choice。At this stage,Ocean governance highlights the dual features of "administrative division administration" and "industry management"。Looking at it vertically,The governance of the marine industry is dependent on the implementation of industry management under the functional department under the guidance of the business of the state ministries and commissions; from the horizontal point of view,Ocean as a territory,Extension of the land or coasts under the jurisdiction of the administrative district under the jurisdiction of the provinces and cities extend outside,Implement "Administrative Region Administration"。In the "Administrative Region Administrative+Industry Management" paradigm,There is no responsibility for public rights,The position of the National Oceanic Administration is in a state of being suspended。

"Regional Governance" paradigm period (2000-2013),Change of the power of marine management,Increased power in the cross -administrative district,Attention by the central government。This period,The importance of the State Oceanic Administration is prominent。Comprehensive use of marine resources of the National Oceanic Administration、Coordination and governance of marine environment、The maintenance of maritime rights and interests shows the improvement of its status。How to internalize the overflowing effect of the cross -domain governance process of marine ocean,Make local governments benefit from the process of governing marine affairs,The core of solving local governments participating in marine cross -domain governance。But in reality,This core problem does not form institutionalization,The handling of marine issues is often a discussion,Lack of certain coordination and coordination。Coupled with the overallness of Bet365 lotto review the marine environment and the international nature of the maintenance of marine rights and interests cannot be effectively solved through regional governance paradigm,The above situation jointly promotes the transformation of marine regional governance paradigms to integrated governance。

Powers of Plastin Governance (2013-2018),The power of the National Oceanic Administration mainly revolves around the ocean rights、Uniform development of land and sea environment。In view of the complexity of marine problems and marine law enforcement,2013 major system reform further integrated marine law enforcement forces,Chinese Police Police、China Maritime、China Sea Supervision、Maritime anti -smuggling integration is a team,That is China Sea Police Station,Accept the leadership of the State Oceanic Administration。other,Established the National Marine Commission,Responsible for studying and formulating national marine development strategies,and coordinate and coordinate China's major matters,The National Oceanic Administration is responsible for the specific work of the National Oceanic Commission。

Block combined period (2018—),With the increase of marine affairs,behavioral externality、Management complexity makes the unified management ocean today and more obvious today,The functional classification management of the extension of land areas is a wise choice。This reform is to "see the sea with land、Under the transformation of traditional concepts such as Lu Dinghai。Based on this, it is guided by Xi Jinping's ecological civilization thought、Adhere to the new marine administrative management system of land and sea,Gradually break the regional barriers between the ocean and land during the marine governance process,It helps to change the situation of fragmentation of the administrative functions of Chang Ocean,The formation of the formation of an integrated ecological governance system。Only the list of government departments and responsibilities is clear,Corresponding to the responsibility of the local government's management of the ocean,Local government financial Bet365 app download rights and rights can be more matched。

Conflict on the power of the National Oceanic Management。By combing the change of the State Oceanic Administration's institutional institution,can be found,An important reason for the transformation of the paradigm of marine governance is that the changes in the power of marine management and conflict of power。The National Oceanic Administration in the process of managing marine natural resources and environment,To a certain extent, conflict with other departments。

There are conflicts with the Ministry of Environmental Protection。In the environmental impact assessment approval of the construction project,Five types of marine engineering environmental impact evaluation belongs to the National Oceanic Administration,This is easy to cause overlapping projects for approval projects in both parties。Especially in the construction of a protected area,A cross -area area of ​​the National Nature Reserve and Ocean Nature Reserve,Approval is divided into the Ministry of Environmental Protection and the State Oceanic Administration。Approval process in the protected area、Permit issuance and other aspects,There is a cross overlapping management,Conflict with the fishing administration management department of the Ministry of Agriculture。breeding right、Fishing rights are granted by the competent fishery department,The right to use the sea area is granted by the competent marine authority。Different from the granting basis because the grant basis,The existence of fishery rights in the unified sea area coexist with the right to use rights。That is to say,The normal use of the sea area needs to apply to different administrative departments at the same time。Conflict with the land management department。Divided by coastal lines in practice in practice,Due to whether the specific location of the coastline is the average low tide line or the average climax line is still controversial,Leading the beach to belong to the land or the sea boundary is blurred。Related Land Management Using Law to treat the beach as land,and "Sea Use Method" attribute the beach to Bet365 app download the sea。This has led to the local and marine administrative departments to share management rights on the beach coating。other,Related supporting facilities for transferring rights in the sea area,If the marine department is managed, it needs to be obtained、Planning and other departments support,This adds difficulty to the relevant management work of the sea area。Conflict with the management department of water conservancy。"Controversy of the River and the Sea" brings the dispute between the power and responsibility between the marine management department and the water conservancy management department。For example, the Pearl River Houhe overlap,Water conservancy and ocean departments can be legally managed,But due to the problem of the boundary,How to stipulate the power and responsibilities between the departments brings certain problems to the local development and construction approval。

Stimulate the coordinated relationship between the marine management department。The National Oceanic Administration and other departments have overlap due to the existence of the management boundary and some responsibilities cross the phenomenon,The problem of conflict between the power of marine management is gradually prominent,The conflict of marine power is an important reason for the change of marine administrative management system to change。A new round of institutional reform plan integrates the responsibilities of the State Oceanic Administration,According to the ocean with resources、The dual characteristics of the environment disperse their functions to the Department of Natural Resources、Ministry of Ecological Environment,further sorting out the problem of the matching of the authority and responsibility of the marine management department,and to a certain extent, the collaborative relationship between marine management departments。my country's administrative approval reform has been exploring the boundaries between the government and society,Power between departments requires further segmentation。Under the governance mode of the bet365 live casino games combination of integrated governance and block,Big data technology can be used in the future、Network technology to eliminate information island。That's for this,Integration of rights or power is an important trend of future institutional reform。

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(Author Unit: School of International Affairs and Public Management of Ocean University of China)

Editor in charge: Wang Ning
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