Research On Several Issues Of The Right Of Sea Area Use

At present, the legal system and practice of sea area use still revolves around administrative management, as a result of which, the user's civil rights towards sea area are substantially limited. On basis of the property theory and the character of sea area, together with the purpose and way of sea area use, this article expatiates upon the legal character of right of sea area use. The author holds that the sea belongs to a kind of real estates, paratactic with the land. The right of sea area use is a new, independent, typical usufruct. Meanwhile, there are also some unique characters in the right of sea area use. The article points out the incompliance with the basis theory of real estate in existing Law of the People's Republic of China on the Management of sea area use and set out some suggestions for correction. The idea of unifying the registration and sea area use is also illustrated here.As the creative points in this article, Chapter 4 and Chapter 5 expatiate upon the reasonable doubt on fishery right. And the author holds that the cultivation right should be independent therefrom. As to the disputes related to right of sea area use in maritime legal practice, the author holds that each kind of certificate stands for special legal relationship, therefore, the case shall be judged after comprehensive analysis of the character of tort and the rights represented by different certificates and contracts. In the end, a draft on the right of sea area use is set forth as an additional chapter to the draft of law of real right.