两岸合作开发南海渔业资源法律机制构建

南海自古以来便是中国渔民的重要作业渔场。两岸合作开发南海渔业资源，是解决南海争端的重要着手点和突破口。两岸南海渔业合作符合双方共同利益，但这一合作必定面临诸多内外因素阻碍。内部因素是两岸主权共识缺失、互信基础薄弱、沟通渠道有限；外部因素是南海周边国家的分化和美国的阻扰。然而，南海渔业资源北衰南兴的现状与外来侵渔的紧迫形势决定了两岸加紧合作共同维护南海渔业资源主权权利是必要的。目前两岸在政策、法律和技术层面的一致性、默契性和互补性也决定了双方南海渔业合作是可行的。两岸可基于《海峡两岸经济合作框架协议》已搭建的制度化平台，由两岸经济合作委员会成立南海渔业工作小组，通过签订协议的方式构建南海渔业资源合作开发法律机制。

On Legal System Construction of the Cross-Strait Cooperation in the Development of South China Sea Fishery Resources

Cross-Strait cooperation in the development of the fishery resources in the South China Sea is the key point and breakthrough to solve the disputes over the South China Sea as it accords with the common interests between the two sides. Even if the South China Sea is the common important fishing grounds for the fishermen across the Straits since the ancient times there must have a lot of internal and external factors that hinder the cooperation. The internal factors include the lack of sovereignty consensus, the weak foundation of mutual trust and the limited communication channels between the two sides while the external factors involve the division among the neighboring countries around the South China Sea and the obstruction from the U. S. A. However,it is necessary for Mainland China and Taiwan to cooperate with each other to safeguard the sovereign rights of the South China Sea fishery resources, especially under the present urgent conditions of fishery resources prosperity in the south while decline in the north, as well as foreign fishing invasions. What＇s more, it is also feasible to cooperate with each other in the South China Sea fishery as there exist between the two sides the consistency, tacit understanding and complementarity in policy, law and technology. Therefore, the writer holds that both sides could work together to construct the legal system of cooperation in the development of the South China Sea fishery resources on the basis of the institutionalization platform built by the Cross-Strait Economic Cooperation Framework Agreement, and by means of agreements that is signed by the South China Sea Fishery Working Group which could be set up by the Cross-Strait Economic Cooperation Committee.