On System Of Use Right Of Uninhabited Islands In Our State

Uninhabited islands which are in strategic locations, as creatures of nature, are natural resources, with great economic, ecological and military value. However, for a long time, the right of the state as the owner of the property have not been recognized and protected .Moreover, uninhabited islands are free of charge, development and utilization, forming an unwritten rule, that is, who shares, who benefits. Many developers who care for immediate benefits and local interests, merely focus on development taking no regard for protection. Natural resources are wasted and destroyed .A large number of development benefits are converted into collective or individual interests.Use right system of uninhabited islands is important for island resources to be developed and proteced. Through the establishment of the use right of uninhabited islands, the state transfers the benifits of possession, use and income to the concrete civil subject for corresponding consideration, to increase the value of uninhabited islands and realize the interests of the owner.In this context, this thesis began by explaining what is uninhabited islands and use right of uninhabited islands.Then analysed feature, changes, content and limitations of the right, to improve the system of use right of uninhabited islands .An in-depth study and comparative analysis of relevant content were needed. The thesis integrated theoretic research and practical experiences,applied basic principles of civil,environmental and administrative law as well as economics,collected relevant policy documents and statistics and took methods of empirical analysis, comparative analysis, semantic analysis and value judgments to identify issues, explore solutions and put forward suggestions for better utilization and management of uninhabited islands .The thesis consists 5 chapters.Chapter I Definition of uninhabited islands and use right of uninhabited islands. Uninhabited islands are the objects. Use right of uninhabited islands is the core of the system. These two concepts are necessary prerequisites to study the system.Uninhabited islands are objective in the sea. They are islands, rocks and other naturally formed area of land above the water at high tide. There is no person expecting long-term residence on the island and no one has lived for one year or more. Uninhabited islands are extremely valuable natural resources and of special ecological value.Use right of uninhabited islands is the right to use specific uninhabited islands legally in a certain range, within a certain period of time. It is a bundle of rights. Specific rights have different features, components, effectiveness, procedures of registration. It is conducive to the development , protection and management of uninhabited islands.Chapter II A comprehensive analysis of the basic features of use right of uninhabited islands. This chapter discussed the features of use right of uninhabited islands. It is a new kind of usufructuary right. It is a right of using natural resources. This chapter revealed that the object of use right of uninhabited islands were unique, the right itself was derived from ownership and that it had the characteristics of dominant and shoud be registerd. By discussing the differences between traditional usufructuary rights and other rights of using natural resources, we got the conclusion that it is a new and special kind of real right. On the basis of development of right of using natural resource, we explored how to remodel the use right of uninhabited islands. Chapter III The changes of use right of uninhabited islands. Firstly, this chapter summarized the way of obtaining the use right of uninhabited islands and especially analysed the legal characteristics and the contents of the transferring contract. Compared the advantages and disadvantages between transfer and lease. Then, described content changes, circulation and the elimination of the use right of uninhabited islands. Especially provided special conditions and restrictions of the transfer.Chapter IV The contents and restriction of use right of uninhabited islands. This chapter was a static analysis of use right of uninhabited islands. It has its own characteristics. In addition to possession, use, income and other benifits, one may also enjoys the interest of part-disposition. In line with the premise of functional zoning, one may claim to change the intended uses under statutory procedures. When the uninhabited islands are recovered by the state, one exerts a special right to claim compensation. At the same time, one has to bear the obligation to pay for use, to exercise rights in accordance with the functional zoning of uninhabited islands, to protect uninhabited islands and the surrounding ecological environment, to protect the territorial sea point, to protect military facilities and to recover.Private law, public law and environmental law restrict the exercise of the use right of uninhabited islands commonly. These limits help to avoid a disorderly state of the exercise of the right, to prevent abuse of the right and to realize the sustainable use of uninhabited islands.Chapter V Improvement of use right of uninhabited islands system of our state. This chapter systematically put forward legislative proposals to improve the use right of uninhabited islands system of our state. The thesis pointed out that in order to improve our system, we should pay special attention to basic principles, legislation modes, private rules, public rules and environmental rules of use right of uninhabited islands and reform the existing regulations and rules comprehensively.