Study On Legislation Of Real Right System Of Sea Area

As one of the most important natural resource, the sea area is of great importance to the sustainable development of our nation and society. Since the 1990s, kinds of new ocean industry has development rapidly, with the development of sea area expanding in breadth and depth, the issue of the sea area use has shown increasingly, the scholars made more and more study about real right of sea area especially the right of sea area use. In2002, Sea Area Use and Administrative Law came into effect. This law is a symbol that the establishing of Legislation of real right system of Sea Area. But, this legislation system has some limitation to perfect. On basis of the property theory and the character of sea area, together with the purpose and way of sea area use, especially the right of sea area use. Make some suggestion about Sea Area Use and Administrative Law, and discusses the relationship between the right of sea area use and other relevant rights, and also the way to coordinate them.There are three parts in this thesis besides the introduction and the conclusion:The first part is to introduce the basic problem about legislation of real right system of sea area. Includes the basic concept of the sea area, the character of the sea area, and makes further definition of the objects scope. Put forward that the sea area is the category of the thing on the real right of the civil law with new theory.The second part is to introduce the legislation system about real right of sea area. It includes the other counties' legislation system about real right of sea area (USA\England\France\Italy\Korea\Japan), and the development of our country about it. The development can be divided up three stage that the sprout stage, the initial stage and the established stage.The third part is to study the ownership of sea area and the right of sea area use, and probe into suggestion to perfect the law. First, carries on concrete analysis to mother right of the right of sea area use-the ownership of sea area, it is a basis of study about the right of sea area use, the author suggest that established the special organization to exercise the right. Second, orientates the legal character of the right of sea area use, defines first it is the private right, a great deal of theories of introducing private right in saying, have analyzed the excellent, shortcoming of different theories. Characterize the right of sea area use as real right of utilization finally, expound it have special character. Third, described the settlement, modification and stopped question of the right of sea area use and expound to the shortcoming exist. Finally, to study the issue of Sea Area Use and Administrative Law, it is mainly to expatiate the limitation of contents of it and the suggested laws to perfect it. For example, Put forward the rational scheme that apart the right of cultivate form the fishery right, in order to solve the problem existing in practice.