Delimitation Of Sea Waters Use Right

Right delimitation is different from right definition. Right delimitation focuses on the extension of definition, grasping the distinction between different rights through analysis and comparison of multiple perspectives. As a specific category of right, the sea waters use right can be delimitated by the subject, object, content, nature and so on, among which the delimitation of the object plays the key role, and the delimitation of the object can be divided vertically and horizontally.Horizontally the sea waters includes internal waters and territorial waters and the sea beach belongs to the sea waters; vertically the sea waters includes sea surface, water, sea-bed and subsoil,and the sea surface means the sea surface and a certain space above the sea waters.Delimitation of the sea waters use right can be obtained from comparing with land use rights, water rights, fishing rights, the right of contracting the sea waters,and comparing with the land use rights and water right bases on the objection, and comparing with the fishing rights, sea waters contractual right is from the right itself. Finally, the article gives the new delimitation of the sea waters use right—the sea waters stratified determination,establishing the new system focuses on the area of the legislative designation, registration, and adjacent relationship and so on.