Study On Rules And Compensation On Taking Back The Right To Use Sea Area Ahead Of Schedule For Public Interests

In recent years, with the construction of sea ports, development of coastal tourism and the adjustment of marine function partitioning, there are more and more actions of "taking back the right to use sea area" in coastal cities, therefore we are facing fiercer and fiercer problems on the taking back the right to use sea area ahead of schedule for public interests and its compensation. From January 1^st, 2002, Administration on Using Sea Area of People's Republic of China was implemented. But only regulations of principle on taking back the right to use sea area ahead of schedule for public interests and its compensation are specified in Clause 30 of this law and there are few regulations on taking back the right to use sea area ahead of schedule for public interests and its compensation are specified in the other laws and regulations. Therefore this essay studies the outstanding problems on taking back the right to use sea area ahead of schedule for public interests in reality, such as the nature of the right to use sea area taken back ahead of schedule for public interests, its limits and its compensation system etc. by the means combined with case studies and theoretical analysis.At first, this essay discusses the nature of the right to use sea area taken back ahead of schedule on the basis of analyzing the right to use sea area taken back ahead of schedule. It criticizes the opinion that defines the action of taking back the right to use sea area ahead of schedule as administratively licensed withdrawal. On the basis of studying the regulation on taking back or withdrawal in China and at abroad, this essay defines the action of taking back the right to use sea area ahead of time for public interests as a kind of socially useful taking-back, which provides theoretical support for the study of taking-back and compensation system mentioned later in this essay. Then the author describes the problems on the limit and compensation of taking back the right to use sea area ahead of schedule for public interests. By representing the productionand life of the fishermen who lost the right to use sea area, the author points out the incompleteness of our current system on compensation for taking back the right to use sea area and tries to build a multi-leveled, multi-channeled system on compensation for taking back the right to use sea area, which takes the compensation payment as the main means and takes immigration to the other places, placement with social security, and other policies as the supplement. We hope that this study can be beneficial to the theory and the practice of taking back the right to use sea area ahead of schedule for public interests and its compensation.