The Relationship between Concept of Sustainable Development and Law concerning the Sea
【中文摘要】海法是规范人类的各种海域活动，并调整由此产生的社会关系的法 律规范之总称。虽然“海法”的概念尚未得到国内学者的普遍接受，但是依可持续 发展观审视涉海法律，对有关海洋、海事方面的法律、法规予以整合、系统化，更 新其立法指导思想与基本原则，树立全面的立法目的，为海洋环境资源的可持续 利用提供立法保障，为时代发展之需要。进而，以海洋环境资源法的生态化调整 方法和调整机制为主体，以海法部门中其他法律对利用海洋环境资源的社会关系 进行调整为必要补充，构建综合调整人类与海洋关系的海法调整机制，有利于改 变当前涉海法律零散不全，且调整手段单一性、分割性、无序性、矛盾性的局面。 【Abstract】The law concerning the sea (hereinafter “sea law”）is a general term of the legal norm that governs all kinds of activities that people conduct in all areas of the sea, as well as the social relations derived from these activities. Though the concept of the sea law has not been well accepted among Chinese domestic scholars, it is necessary, from the view of the concept of sustainable development, to integrate and systemize the law and regulations relating to the ocean and admiralty in order to update the legislative guiding ideology and basic principles, as well as to set overall legislative purposes，and to offer a legislative guarantee for the sustainable use of marine environment and resources. Furthermore, the sea law is expected to give priority to the methodology and the mechanisms of regulation through ecologicalization employed in the marine environment and resource law, as well as to take as auxiliary means other laws and regulations in this departmental law that govern all social relations concerning the use of marine environment and resources. It would be beneficial to change the current scattered situation of the laws and regulations concerning the sea and the status quo of singular, severable, disordered and contradictory means, in order to construct a mechanism of a legal regulation of the sea law that governs the relationship between human beings and the ocean in a comprehensive manner.