Research on the Interface between Fisheries Law and Criminal Law: Taking the Forgery of Fishing Licenses as the Entry Point

Zeyan Zhang

doi:10.62051/ijsspa.v9n1.13

Authors

Zeyan Zhang

DOI:

https://doi.org/10.62051/ijsspa.v9n1.13

Keywords:

Fishing License, Crime and Non-crime, Coordination between Criminal Justice and Fisheries Administration, Protection of Fishery Resources

Abstract

In response to the strategy of building a strong maritime nation and the need for ecological civilization construction, and to address the challenges of disordered coordination between the fishery and criminal law fields, this article takes the act of forging and trading fishing licenses as the core entry point to systematically study the coordination between the Fishery Law and criminal law. Firstly, it expounds on the connotation and necessity of the coordination between the Fishery Law and criminal law, clarifying the progressive functions of the two laws. Then, it reviews the current regulatory status of the two laws regarding this behavior, pointing out three core issues: the blurring of the boundaries between crime and non-crime due to imperfect legislation, irregularities in the collection and use of evidence in cases involving licenses, and the absence of a supervision mechanism. Specific countermeasures are proposed to improve the subsidiary criminal law provisions of the Fishery Law, refine the rules for evidence in cases involving licenses, and construct a supervision system combining external reinforcement with internal pre-emptive prevention and control. The purpose of this study is to clarify the legal application boundaries of the act of forging and trading fishing licenses, promote smooth coordination between the fishery and criminal law fields, and provide institutional support for the protection of fishery resources and stable management order.

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