Study On Rights To Water-surfaces Contractual Management

Aquaculture industry is an integral part of the agriculture, and it is an importantbasic industries. Since reform and opening up, China's aquaculture industry has greatdevelopment. However, in real life, the rights culture has been an increasing numberof violations, China's legal system became increasingly obvious shortcomings. In ourlaw system, property rights law does not clearly provides rights to aquatic-breeding ,Fisheries law is only from the perspective of administration to provide that, and itsproperty rights attribute is not clear. Whether from natural state, or from a legal nature,the right to enjoy culture of farming land and the right to enjoy the contractor the rightto contractual operation of land are very similar. So the author advocates the right tobe breeding in the water or the beach into the right to water-surfaces contractualmanagement. In addition to the introduction and conclusion, the thesis is divided intothree parts.Chapterâ… is about the analysis of our country's existing Legal system. Mainlyfrom the existing legal system of China, research on the law of aquatic breeding andfind its defects. On the basis of analyzing of legislative purpose and ideas, the authorhold that we should establish the right to water-surfaces contractual managementChapterâ…¡is about the legal analysis to the establishment of the right towater-surfaces contractual management . The first is about discussing the foundation in reality, the purpose and significance of the establishment of the right towater-surfaces contractual management, after that we will find the necessity of theestablishment of the right to water-surfaces contractual management. Second, theauthor defines the basic content of the right to water-surfaces contractual managementfrom the concept, nature and its characteristics. The final is the comparative analysisbetween the right to water-surfaces contractual management and related rights of thecomparison. The right to water-surfaces contractual management will be comparedwith the water rights, fishing rights, the right to use sea areas .Our purpose is tofurther clear the right.Chapterâ…¢discusses the reconstruction of the right to water-surfaces contractualmanagement. The author try to talk about the content of the right to water-surfacescontractual management and to clear its real right attributes. Firstly, we will discusshow to obtain the right. The right to water-surfaces contractual management is basedon a contract. Secondly, we will discuss the content of the right. The author describesthe content as a property right from the rights and obligations. Thirdly, we will discussthe circulation of the right to water-surfaces contractual management. Main content isabout the principles, modalities of the right's transfer and other issues. Fourthly, wewill discuss the registration of the right to water-surfaces contractual management.Aquatic breeding and the general farming does not have fundamentallydifference. So the author t advocates to establish rights to water-surfaces contractualmanagement in our law system. From the perspective of protecting rights of aquaticbreeding , we should give people and other civil entities of equal legal status. Basedon this, we may be provide another thoughts on our country's law of naturalresources.