Study The Real Right Of Sea Area Under The System Of The Real Right Law

To exploit and utilize sea area reasonably, it is necessary to confirm the status of the law system about sea area and the concerned right. By form of statutes, however, for a long period of time, in our country, the administration of maritime space is not as that of land which has a fairly perfect set of statutes about administrate land. the current situation ask for a set of synthesis statute system to realize sea area sustainable development, and make the utility of maritime space become scientific, theorized systematize, making the right of sea area use is ruled by law.This article is to systematically explore the Right of Using Sea Area conception in the management system of using sea area, from the point especially the Real Right theory.Chapter 1 is to concretely introduce the system of Real Right of sea area abroad, includes the basic concept and legal practice of Sea Area abroad, and it will lay the theoretic foundation in order to discuss the issues of use and administration of Sea Area.Chapter 2 is "what is the traditional mold of the Real Right of sea area". What is the defect and inefficiency of the past .Rethink of current legislation mainly analyze the defect and inadequate .And what is the starting point to reform. Render a service respect in it with other relevant real right, probe into it and fishery right, right to use the land, ore conflict of right to own property mainly, has put forward the rational scheme, in order to solve the problem existing in practice. Chapter 3 is the Real Right Law put a profound impact on the system of the Real Right of sea area. First, point out that the adjustment idea of civil and environmental law theory for the Real Right of sea area. Then defined the maritime right of use, and makes a reservation from legal property to maritime space, analyzes maritime space settlement, change and stop of maritime right of use, explained the effect of the maritime right of use and conflict of rendering a service finally.Chapter 4 is how to improve the system of Real Right of sea area. It analyzes the shortcomings in right to use sea area, and makes recommendations to further improve the system of Real Right of sea area.Based on the major innovative knowledge of this paper, in writing this paper, the author has collected an enormous amount of data, read related works, summarized the practical experiences in China's sea area use management and discussed the problems in the managerial work of sea area use. The author feels that he has done his best and put forward some ideas of his own, but omissions and mistakes in this paper may be unavoidable due to the strong theoretical nature of the topic selected and the extensiveness of the knowledge involved. Therefore, criticisms and comments from tutors and experts are earnestly requested.