渔业资源的合理有序利用直接关系着渔民生计和现代渔业发展。《中华人民共和国渔业法》中对渔业权概念和内容规定上的模糊，导致司法实践和现实情况不匹配、渔民权益受侵害等问题。渔业权是典型的、具有公权色彩的用益物权，其独立法律地位的确立、权利义务的规定、权利变更、流转和终止等法律构造的明晰是对渔民权益的有力保障。加快《中华人民共和国渔业法》修法进程，建立健全失水（失海）渔民的利益补偿机制，构建传统生计渔民的社会安全网络和公共服务保障体系是深化农村改革、推进中国式现代化进程中的一项重要制度安排。

The rational and orderly use of fishery resources is directly related to the livelihood of fishermen and the development of modern fisheries. The ambiguity in the concept and content of fishery rights in “The Fishery Law of the People’s Republic of China” has led to a mismatch between judicial practice and reality, as well as infringement of fishermen’s rights and interests. The fishery right is a typical usufructuary right with a public power color. The establishment of its independent legal status, the regulation of rights and obligations, the clarification of legal structures such as rights change, transfer, and termination are powerful guarantees for the rights and interests of fishermen. It is an important institutional arrangement in deepening rural reform and promoting the Chinese path to modernization to accelerate the process of amending “The Fishery Law of the People’s Republic of China”, establish and improve the benefit compensation mechanism for fishermen who have lost their water (sea), and build a social security network and public service security system for fishermen who have traditional livelihoods.

D922.4

现代农业产业技术体系建设专项（CARS-45）