Study Of The Right Of Using Sea Area

This article is to systematically explore the Right of Using Sea Area (RUSA) - the core conception in the management system of using sea area, from the point of view of civil law especially the Real Right theory.Chapter I. Definition on the Conception of RUSA and Its CharacteristicsSummarize the conception of the RUSA; analyze its characteristics.Chapter II. Characteristics of RUSA and Comparisons with Relevant RightsDiscuss the characteristics of RUSA; analyze through comparisons its differences from traditional usufruct, the right of using natural resources (RUNR) and land using right. Consider that the RUSA is a private right of public right feature based on public law, and hence is a kind of Real Right, and different from both traditional Real Right of Utilization and RUNR, instead, it is a special usufruct.Chapter III. Creation, Novation, Extinguishment of RUSASummarize the creation modes, novation types and extinguishment causes; analyze the rights and obligations of sea area users and explore the withdrawal system of RUSA, one of the extinguishment causes of it.Chapter IV. Content of RUSAanalyze the rights and obligations of sea area users .Chapter V. RUSA and Civil RemedyAnalyze the modes of tort on RUSA and relevant measures of civil remedies.Chapter VI. Legislation Improvement on RUSAAnalyze the shortcomings in the "Law of Using Sea Area of the People's Republic of China". It is proposed to put RUSA into the system of civil law and to design RUSA according to the theory of real right.