Research On Fisheries Right In China's Sea Area

In our courty,the fishermen belong to the weak colony. Before The Property Rights Law was promulgated, fishery rights has been defined as "quasi-property rights"or "subordinative property rights" that subordinate to the executive power. It led to fishermen unable to obtain as independent and equal as other civil rights and to recive protection. For this reason, people began to pay attention to the issue of fishery rights.The fishery rights has been regulated by the usufructuary, right in The Property Rights Law . It is significance to protect fishermen's rights, but it failed to resolve the confliction of the fishery rights and the rights of sea area. The fishery rights and the rights of sea area are usufructy,they all have exclusive effect. .In the same sea area, confliction of the fishery rights and the rights of sea area .is inevitable. How to coordinate the confliction is related to the protection of fishery rights, and is related to the fishermen's right to life.The purpose of this paper is to protect the interests of fishermen. From studying of current legislation on the fishery rights, this paper is trying to analyze relationship of breed- right and the rights of sea area.and fishing right and the rights of sea area. We can come to conclution that to give priority protection to fishery rights to solve the conflicts. In particularly, through awarding entitle certification to solve the conflicts between breed- right and the right of using sea area, coordinating fishing rights and the right of using sea area with adiacent relation . I hope that this paper can provide a theoretical reference to profession and the judiciary.