Analysis and resolution of the conflict of legal norms on the subject of the decision to fishing ban
The fishing ban regulations play an important role in the maintenance of aquatic biodiversity,conservation and sustainable development of fishery resources,and it is also a crucial measure for advancing ecological civilization.However,the current provisions in China's effective laws,including the Fisheries Law,the Wildlife Protection Law,the Yangtze River Protection Law,and the Rural Revitalization Promotion Law have different provisions on the subject of fishery prohibition decision,which not only hinders the effective implementation of the fishery prohibition system but also leads to great controversy on the conviction of the crime of illegal fishery products.Therefore,this article combs,analyzes and explains the applicable relationship between these regulations from the aspects of legislative purpose,legal attribute,normative nature and resolution rules for conflict of legal norms.Based on the analysis,it can be seen that in the protection of significant habitat for rare and endangered aquatic wild animals,the Wildlife Protection Law as a special regulation of subjectivity,should take precedence.In the Yangtze River Basin,the Yangtze River Protection Law,as a regional-specific regulation,should be prioritized.Although the Rural Revitalization and Promotion Law involves the provisions of the authority responsible for setting fishing ban period,it belongs to the connection and supporting application relationship with the Fisheries Law,and there is also the possibility of connection and application with the Wildlife Protection Law and the Yangtze River Protection Law,so specific legal provisions in the Fisheries Law and other relevant laws should be given priority.
fishing ban perioddetermine subjectconflict of legal normsFisheries Lawconservation of fishery resources
万方数据
维普
