臺灣漁會與大陸漁民組織的比較與借鑒
發(fā)布時間：2018-12-08 09:31
【摘要】：我國大陸漁業(yè)管理起步較晚,且漁業(yè)管理體系的發(fā)展速度明顯慢于漁業(yè)產(chǎn)業(yè)發(fā)展速度,漁民與漁業(yè)管理者之間的矛盾愈加尖銳。一些大陸學(xué)著建議建立漁民團體與行政機關(guān)共同管理的模式來加強漁民自治,可以緩解當(dāng)前的矛盾。臺灣省由于歷史原因,其漁業(yè)法律體系與大陸有一定差異,相對健全的漁會組織體系是臺灣漁業(yè)管理的一大特色,它是漁民與政府漁業(yè)主管機關(guān)之間有效的溝通橋梁,為臺灣漁業(yè)的漁業(yè)管理和資源養(yǎng)護做出了重要貢獻。本文旨在通過對臺灣漁會和大陸漁民組織進行比較,探討兩岸漁業(yè)管理、漁民組織制度的異同,并借鑒臺灣漁會的成功經(jīng)驗。本文從兩岸的漁業(yè)現(xiàn)狀比較開始。通過對漁業(yè)人口、漁業(yè)產(chǎn)業(yè)結(jié)構(gòu)和漁業(yè)模式進行比較,發(fā)現(xiàn)大陸漁業(yè)人口的比重大于臺灣,在漁業(yè)產(chǎn)業(yè)結(jié)構(gòu)上,臺灣以遠洋漁業(yè)為主,養(yǎng)殖業(yè)其次,而大陸?zhàn)B殖業(yè)在漁業(yè)產(chǎn)業(yè)中占有絕對優(yōu)勢,從漁業(yè)模式上來看,臺灣與大陸的漁業(yè)生產(chǎn)都是以小型漁業(yè)為主�？偟膩碚f兩岸漁業(yè)人口和產(chǎn)業(yè)結(jié)構(gòu)差異較大,但從漁業(yè)模式來看,都是以沿海小型漁業(yè)為主的模式,從這一點來看,大陸可以借鑒臺灣漁業(yè)管理制度,但是要有選擇性。從兩岸漁業(yè)管理制度的比較來看,臺灣與大陸漁業(yè)管理最大的區(qū)別即臺灣擁有相對成熟的漁業(yè)權(quán)制度,而大陸沒有。而兩岸漁業(yè)管理的相同點則是都是用了漁業(yè)許可證制度,即控制投入的管理制度。大陸漁業(yè)權(quán)制度的缺失是臺灣漁會制度經(jīng)驗應(yīng)用與大陸漁業(yè)管理最大的障礙,而相同的投入控制制度又為大陸借鑒臺灣漁業(yè)管理制度提供了可能性。從兩岸漁民組織的比較來看,在相關(guān)立法上,臺灣擁有健全的漁會法律體系,而大陸幾乎沒有針對漁民組織的法律;從組織機構(gòu)來看,兩岸漁民組織都采用會員代表大會制度,但在組織與分支機構(gòu)的關(guān)系上以及會員組成上差異較大;從業(yè)務(wù)范圍來看,臺灣漁會更傾向于直接服務(wù)漁民,而大部分大陸漁民組織則傾向于是服務(wù)政府和產(chǎn)業(yè),即所謂的半官方組織。但其中漁民專業(yè)合作社在組織機構(gòu)、會員組成、業(yè)務(wù)范圍上來看與臺灣漁會有著較大的相似性,可作為臺灣漁會經(jīng)驗在大陸實踐的突破口。通過一系列比較,在本文最后一部分,對臺灣漁會制度進行了有選擇的借鑒。首先是在漁業(yè)權(quán)方面,大陸應(yīng)加快“漁業(yè)權(quán)”法律體系的完善,明確漁業(yè)權(quán)的內(nèi)容等,以此來保證漁民通過漁民組織獲得漁業(yè)權(quán)的順利進行;在漁民組織立法方面,大陸應(yīng)加強對立法的重視,對漁民組織相關(guān)立法進行完善,填補立法空白,讓大陸漁民組織的成立和運行有法可依;在漁民組織方面,建議在福建省等與臺灣資源水平、漁民文化相似的地方以漁民專業(yè)合作社為依托開展“漁會”的試點工作,對漁民專業(yè)合作社進行規(guī)范,一是規(guī)范合作社的成員數(shù),對成員數(shù)量的范圍進行限定,二是拓展合作社的業(yè)務(wù)范圍,可采取合作的方式將金融保險等業(yè)務(wù)加入進來。
[Abstract]:The development of the fishery management system in China is relatively late, and the development speed of the fishery management system is slower than that of the fishery industry, and the contradiction between the fishermen and the fishery manager is more acute. Some mainland studies suggest that the model of common management between the fishermen's groups and the administrative organs should be established to strengthen the self-government of the fishermen, and the current contradictions can be alleviated. Because of the historical reasons, the fishery legal system of Taiwan Province has a certain difference with the mainland, and the relatively sound fishing organization system is a characteristic of the fishery management in Taiwan. It is an effective communication bridge between the fishermen and the government's fishery authorities. It has made an important contribution to the fisheries management and resource conservation of the Taiwan fishery. The purpose of this paper is to explore the similarities and differences of the fisheries management and the fishermen's organization system on the two sides and to draw on the successful experience of the Fisherman's Association in Taiwan. This article begins with a comparison of the current status of fisheries on both sides of the strait. By comparing the fishery population, the fishery industry structure and the fishing model, it is found that the specific gravity of the continental fishery population is greater than that of Taiwan. In the fishery industry structure, Taiwan is dominated by ocean-going fishing, and the aquaculture is the second, while the mainland industry has an absolute advantage in the fishery industry. From the fishing model, the fishery production in Taiwan and the mainland is dominated by small-scale fishery. On the whole, the difference between the fishery population and the industrial structure on both sides of the strait is relatively large, but from the fishery model, the coastal small-scale fishing mode is the main mode, from this point of view, the mainland can use the taiwan fishery management system, but it is selective. On the basis of the comparison of the fishery management system between the two sides, the biggest difference between the taiwan and the mainland fisheries management is that taiwan has a relatively mature system of fishery rights, and the mainland is not. The same point of both cross-strait fishery management is to use the fishery license system, that is, to control the investment management system. The lack of the system of the continental fishery right is the biggest obstacle to the application of the experience of the Taiwan fishing system and the management of the mainland's fishery, and the same input control system provides the possibility for the mainland to use the Taiwan fishery management system. On the basis of the comparison of the fishermen's organizations on both sides of the Taiwan Straits, in the relevant legislation, Taiwan has a sound legal system of fishing and fishing, and the mainland has little law on the fishermen's organization. From the perspective of the organization, the fishermen's organizations on both sides adopt the system of the member's congress. But there is a big difference in the relationship between the organization and the branch and the composition of the members; from the line of business, the fishermen tend to serve the fishermen directly, and most of the mainland fishermen tend to serve the government and the industry, the so-called semi-official. But among them, the fishermen's professional cooperative has a great similarity with the Taiwan fishing industry in terms of the organization, the membership and the scope of business, and can be used as a breakthrough of the experience of the Taiwan fishing industry in the mainland. Through a series of comparison, in the last part of this article, the Taiwan fishing system has been selected for reference. First of all, in terms of the right of fishing, the mainland should speed up the improvement of the legal system of the 鈥渞ight of fishing鈥，
本文編號：2368117
[Abstract]:The development of the fishery management system in China is relatively late, and the development speed of the fishery management system is slower than that of the fishery industry, and the contradiction between the fishermen and the fishery manager is more acute. Some mainland studies suggest that the model of common management between the fishermen's groups and the administrative organs should be established to strengthen the self-government of the fishermen, and the current contradictions can be alleviated. Because of the historical reasons, the fishery legal system of Taiwan Province has a certain difference with the mainland, and the relatively sound fishing organization system is a characteristic of the fishery management in Taiwan. It is an effective communication bridge between the fishermen and the government's fishery authorities. It has made an important contribution to the fisheries management and resource conservation of the Taiwan fishery. The purpose of this paper is to explore the similarities and differences of the fisheries management and the fishermen's organization system on the two sides and to draw on the successful experience of the Fisherman's Association in Taiwan. This article begins with a comparison of the current status of fisheries on both sides of the strait. By comparing the fishery population, the fishery industry structure and the fishing model, it is found that the specific gravity of the continental fishery population is greater than that of Taiwan. In the fishery industry structure, Taiwan is dominated by ocean-going fishing, and the aquaculture is the second, while the mainland industry has an absolute advantage in the fishery industry. From the fishing model, the fishery production in Taiwan and the mainland is dominated by small-scale fishery. On the whole, the difference between the fishery population and the industrial structure on both sides of the strait is relatively large, but from the fishery model, the coastal small-scale fishing mode is the main mode, from this point of view, the mainland can use the taiwan fishery management system, but it is selective. On the basis of the comparison of the fishery management system between the two sides, the biggest difference between the taiwan and the mainland fisheries management is that taiwan has a relatively mature system of fishery rights, and the mainland is not. The same point of both cross-strait fishery management is to use the fishery license system, that is, to control the investment management system. The lack of the system of the continental fishery right is the biggest obstacle to the application of the experience of the Taiwan fishing system and the management of the mainland's fishery, and the same input control system provides the possibility for the mainland to use the Taiwan fishery management system. On the basis of the comparison of the fishermen's organizations on both sides of the Taiwan Straits, in the relevant legislation, Taiwan has a sound legal system of fishing and fishing, and the mainland has little law on the fishermen's organization. From the perspective of the organization, the fishermen's organizations on both sides adopt the system of the member's congress. But there is a big difference in the relationship between the organization and the branch and the composition of the members; from the line of business, the fishermen tend to serve the fishermen directly, and most of the mainland fishermen tend to serve the government and the industry, the so-called semi-official. But among them, the fishermen's professional cooperative has a great similarity with the Taiwan fishing industry in terms of the organization, the membership and the scope of business, and can be used as a breakthrough of the experience of the Taiwan fishing industry in the mainland. Through a series of comparison, in the last part of this article, the Taiwan fishing system has been selected for reference. First of all, in terms of the right of fishing, the mainland should speed up the improvement of the legal system of the 鈥渞ight of fishing鈥，
本文編號：2368117
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