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The Fishing Net Is Too Dense, The French Net Is Too Sparse, And There Is No Fish In The East China Sea.
Sep 08, 2018

Pay attention to the "donghai no fish" crisis

    There has been a "no sea fish" crisis, and illegal fishing for a long time is a major cause. From the perspective of legislation and law enforcement, “fishnets are too dense” because “the French network is too sparse” and “fish is not free” because “law enforcement is too free”. To repair and revitalize the Zhejiang fishery, you may wish to learn the "penalty" law abroad.

    It is even more important to emphasize "punishment".


    Compared with foreign countries, our laws impose too little punishment on theft and arrest. The law of the State of Maryland in the United States stipulates that the use of a hook to catch two small fish that do not meet the "legal size" may result in a fine of $500. Some fishnets in China are less than one centimeter in size, and most of the fishery administration departments only deal with “collecting nets”, and the illegal cost is extremely low. Moreover, compared with the world's major fishery countries, China's fishery special legislation is seriously inadequate, the basis for fisheries law enforcement is unclear, the level is unclear, and coordination is not enough. Therefore, at the same time as “fishing nets”, we should also “weave the net” in time.

    It is even more important to emphasize "penalty". China's criminal law specifically stipulates the crime of illegal fishing of aquatic products, but the vast majority of illegal fishers are only subject to administrative punishment, and few are pursued by criminal law. On the one hand, it is unclear because of the law's "severe circumstances" for what is illegal fishing, and there is no "eye" in the "net", which is difficult to operate. On the other hand, it also has a certain relationship with the fishery administrative law enforcement department. The disciplinary power of the fishery administrative law enforcement department is relatively large. Some law enforcement officers look at people to eat vegetables and fine things, which makes the fishery law enforcement fall into the penalty. The strange circle of arresting and arresting punishment. Dealing with the relationship between administrative punishment and criminal punishment in fishery law enforcement can make more "big fish" fall into the law network.

    It is even more important to emphasize "behavioral punishment".


"Heavy punishment" is not just a heavy fine, but also a "behavioral penalty." For example, Maryland is not only fine for illegal fishermen, but its illegal records will also be recorded in the personal “credit system” and become a “stain” of a lifetime. In addition to imprisonment for illegal fishermen, the Russian criminal law may also be accompanied by a “qualification penalty”, which deprives the perpetrator of the fishery fishing qualification. China's fisheries law enforcement should introduce “behavioral punishment”, increase the right to suspend business, temporarily or permanently deprive the parties of the right to engage in fishing. Especially for those who have repeatedly violated the law and repeatedly taught, they are only allowed to pay a price for their illegal activities.