Research on the fundamental principles of China's marine invasive species prevention legislation

- No specific legislation about marine invasive species prevention in China despite damage mainly by introducing marine alien species via ballast water exchanges and attachment to hulls.
- Precautionary principle should be considered as the primary principle.
- Polluter pays principle should include the potential polluters to compensate the damage.
- Ecosystem-based whole process management is the instrumental principle to insist the implementation of the other principles.
- Public participation principle acts as a safeguard principle of the above three principles.

China's coastal area is severely damaged by marine invasive species. Traditional tort theory resolves issues relevant to property damage or personal injuries, through which plaintiffs cannot cope with the ecological damage caused by marine invasive species. Several defects exist within the current legal regimes, such as imperfect management systems, insufficient unified technical standards, and unsound legal responsibility systems. It is necessary to pass legislation to prevent the ecological damage caused by marine invasive species. This investigation probes the fundamental principles needed for the administration and legislation of an improved legal framework to combat the problem of invasive species within China's coastal waters.