The Discussion About The Legal System Of Use And Administration Of Sea Area

Sea Area is called blue territory, and since the 1990s, new ocean industry such as marine aquaculture, littoral travel, ocean development of oil and gas and seawater comprehensive utilization and so on has developed rapidly. Especially during recent years, with the development of Sea Area expanding in breadth and depth, the issue of use and administration of Sea Area has shown increasingly, thus reinforcing the use and administrative of Sea Area is very urgent. Sea Area Use and Administrative Law (hereinafter referred as Sea Area Law) came into effect in 2002, and the implement of this Law is beneficial to maintain the legitimate rights of the ownership holder and holder of the right to the use of Sea Area, and also to promote the rational exploitation and continuable utilization, and it symbols that we have formed comparatively matured and perfect system of use and administration of Sea Area in our country. The implement of the Law has accomplished some achievement in theory and practice, such as the ownership of sea are, establishing and perfecting the system of paid use and marine functional regionalization of Sea Area, confirming the right in rem of right of use of Sea Area and so on. But the use of administration of Sea Area still leaves much to be desired in practice, this is mainly found in the strong administrative imply, limitation of the system of collection of money of use of Sea Area and circulation of right of use of Sea Area, and the issue of the administration system of Sea Area and so on. This article is ready to draw on the legislative experiences from abroad, civil Law principle and refer to other Law in order to find the reason of above issue, and further putforward suggested Laws. There are four parts in this article:The first part is to concretely introduce the system of use and administration of Sea Area, includes the basic concept and legal practice of Sea Area home and abroad, and it will lay the theoretic foundation in order to discuss the issues of use and administration of Sea Area.The second part is to discuss the main legal system of use and administration of Sea Area, and it mainly expatiates the history of marine aquaculture, paid use of Sea Area, administration of right of use of Sea Area and the issues in Law and practice, allthese are to provide theoretic basis to perfect this legal system.The third part is to discuss the relation between the Sea Area Law, and it is mainly to expatiate the conflict between Sea Area Law and relevant international and domestic Law, all these are ready to coordinate these Laws in practice.The fourth part is to study the issue of legal system of use and administration of Sea Area and suggested Laws, and it is mainly to expatiate the limitation of contents of Sea Area Law and the suggested Laws to perfect Sea Area Law. All these are ready to promote the perfection of legal system of use and administration of Sea Area.In order to promote the sustainable development of Sea Area, and to solve the conflicts in the use of Sea Area, so I put forward some personal ideas in this article and I hope to provide some references to perfect the legal system of use and administration of Sea Area further.