Research On The Bundle Of Rights In The Sea Area

There's a complete separation between sea area and its natural resources in law-making in China currently, and the style of the bundle of rights in sea area is highly of Chinese characteristics. From the perspective of interpretation, the existing laws are summarized with an attempt to outline the bundles of rights in sea area in Chinese law, and every right of the bundles of rights in sea area and the relationship between them are analyzed, and some legislation suggestions are made in this essay.The essay consists of 5 chapters.Chapter 1 mainly focuses on the basic theory of the bundle of rights in sea area. After introducing the definition of "the bundle of rights in sea area", the essay compares the rights in sea area with those in land, and classifies the bundles of rights in sea area into 2 subsystems (sea area rights subsystem; the natural resources rights subsystem in sea area).Chapter 2 explains the objects of the bundle of rights in sea area by historical research as well as a comparative analysis, which help to explain what happens in China. As for resources of sea area, the essay focuses on 3 aspects:the independence of natural resources, the specificity of natural resources, and differences between these resources themselves (object of right) and each kind of these resources.Chapter 3 describes the sea area rights subsystem in details, which includes ownership of sea area, right to use sea area, land reclamation right, fishery right, rental right of sea area, contract for the managerial right of sea area, easement of sea area and hypothecation of the right to use sea area. Land reclamation right and fishing rights fall into the right to use sea area in Chinese legislation. The essay mainly describes the overall arrangement of the subsystem with sea area as object and the object of every right in this subsystem and nature of the above rights included.Chapter 4 analyzes the composition of the natural resources rights subsystem in sea area. At present, the natural resources in the sea area of our country consist of fisheries resources and mineral resources, including ownership of fisheries resources & mineralresources, fishery right, mining right, rental rights of themining right and hypothecation of themining right.The last Chapter explains the relationships and coordination of all the above rights. In addition, the essay describes the relationshipbetween different rights of each system, and focuses on the relationship between the two subsystems.