“海洋入宪”或者在宪法中增设“海洋专章”的方式并不利于海洋法治的完善,应当通过对宪法相关条文进行解释,为制定《海洋基本法》提供宪法依据,再以立法方式细化宪法中的原则性规定,为海洋权益保障提供法治基础。制定《海洋基本法》已经正式纳入全国人大与国务院立法规划,并先期启动了论证与起草工作——此举旨在为中国由“海洋大国”走向“海洋强国”提供法制基础。然而正如立法者所坦言的,《海洋基本法》作为界于宪法与海洋单行法之间的基本法律,其缺少直接的宪法规范依据。就 The introduction of the “incorporation of the sea into the constitution” or the addition of “special chapter” in the constitution is not conducive to the improvement of the rule of law in the oceans. It should provide the constitutional basis for formulating the “marine basic law” by interpreting relevant articles of the constitution, and then The legislative approach is to refine the principle provisions in the Constitution and provide the basis for the rule of law for the protection of maritime rights and interests. The formulation of the “Basic Law for the Sea” has been formally incorporated into the legislative plan of the NPC and the State Council and the demonstration and drafting work has been launched in the first place - a move aimed at providing a legal basis for China from a “big ocean power” to a “maritime power”. However, as legislators have said frankly, the “Basic Law for the Sea”, as the basic law between the Constitution and the law of the sea, lacks the direct basis for constitutional norms. on