RESOURCES AND ENVIRONMENT IN THE YANGTZE BASIN >> 2021, Vol. 30 >> Issue (12): 3029-3037.doi: 10.11870/cjlyzyyhj202112021

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Legislative Logic and Supporting System of the Fishing Ban System in the Yangtze River Protection Law

HU Bang-da   

  1. (School of Law, Huazhong University of Science and Technology, Wuhan 430074, China)
  • Online:2021-12-20 Published:2022-01-07

Abstract: The fishing ban is an important institutional arrangement in the Yangtze River Protection Law, and an accurate understanding of its legislative logic and supporting system is the basis for the implementation of the system. The fishing ban system provided by Yangtze River Protection Law embodies the legalization and institutionalization of the Party and the state's Yangtze River protection policies, and contains the legislative concept of restoring the ecology of the Yangtze River and ensuring the sustainable availability of fishery resources. The system is composed of mutually coordinated space restriction, time restriction, method restriction and legal liability norms. It reflects the convergence and reinforcement of previous related regulations, but is not specific enough. The implementation of this system requires the support of a dual coordinated system and mechanism at the central and local levels, and also needs supporting systems including pollution prevention and ecological restoration system, fishery resource monitoring (investigation) and evaluation system, fishing permit system, fishing ban compensation system, and fish farming management control system, as well as the supporting legal norm systems constituted by related laws administrative regulations or rules, and local regulation or rules.

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