Study On The System Of Usufruct Of Radio Spectrum Resources

The radio spectrum resources belong to natural resources, with the character of res. It is necessary to establish the real right system of the radio spectrum resources to enable their sufficiently utilization. After the promulgation of Property Law and the radio spectrum resources are included in the scope of it, this article proposes to setting up and perfecting the system of usufruct of radio spectrum resources. This paper includes introduction, body and conclusion.Introduction includes the purpose and significance of this article.Body part is the main part of the text, which contains the following four aspects.First, the overview of the system of usufruct of radio spectrum resources. This section first discusses the concept and attributes of the radio spectrum resources, and points out that the radio spectrum resources are natural resources, which have different attributes compared with the traditional natural resources , that is, non-expendable, borderless, susceptible to interference. At the same time, this article demonstrates the legal attributes of radio spectrum resource. The author believes that the radio spectrum resources are res, Separable res and real estate in civil law. On the premise of the socialization of national ownership, the radio spectrum resources should be transferred into real rights, the best way is to set up the system of usufruct of radio spectrum resources. This part lays the theoretical foundation for the system of this article.Second, the legal system of the radio spectrum resources of United States. This section selects the legal system of the radio spectrum of United States for research, analyses the theoretical foundation of utilization of the American radio spectrum resources, As Coase proposed that the property rights of the radio spectrum resources should be established, and radio spectrum resources should be allocated by market. In addition, this section analyses the legal system of the use of radio spectrum resources by government and commercial companies and the allocation of radio spectrum resources and the legal system of utilization of rights in United States.Third, the status and defects of system of usufruct of radio spectrum resources. This section is the reflection of the current the system of usufruct of radio spectrum resources. By analyzing the existing relevant legal system, the author hold the opinion that the system of usufruct of radio spectrum resources in China has so many problems, such as the way of acquisition of radio spectrum is single, the use of rights is be restricted, etc. This part provides a direction to improve our system of usufruct of radio spectrum resources.Fourth, the improvement of the system of usufruct of radio spectrum resources. This is a key part of the article, at the basis of analyzing the defects of usufruct system of radio spectrum resource and learning from the advanced system in United States , the author proposed the suggestion of improving our system of usufruct of radio spectrum resources. The author believes that the way of acquisition of usufruct of radio spectrum resources should be added in auctions, tenders and comparative hearings at the basis of tradition way, administrative approval, and then improve the relevant system. Meanwhile, at the aspect of the use of usufruct of radio spectrum resources , the restriction of disposition should be opened, and transferring, leasing and mortgage of usufruct should be allowed.The conclusion following the above context ,coherences to the beginning, and reaffirms the importance of establishing and improving the system of usufruct of radio spectrum resources.