Study On Real Rights Of Marine Resources

This article is to systematically explore the Real Right of Marine Resources from the standpoint of the Civil Law, the usufruct of sea area in particular which is the core conception of the whole system.Section 1 "the profile of the Real Right of Marine Resources",to begin with, is aimed at summarizing the conception classification as well as the characters of marine resources. Secondly, this section explores of the legal system of the Real Right of Marine Resources. This part includes the historical background of the legislation on the Real Right of Marine Resources and the legislation system. Finally, this section explores the jural relations relating to the Real Right of Marine Resources, analyzing the three fundamental elements----subject, object as well as the contents.Section 2 "the fundamental principles of the Real Right of Marine Resources" discussing the three fundamental principles of the Real Right of Marine Resources:, including turning Marine Resources into Property Right's object, as well as compensation for the use of marine resources; rational development and use of marine resources and international cooperation in the development, utilization, protection of marine resources.Section 3 "the basic system of the Real Right of Marine Resources" discusses the property right of marine resources and usufruct of sea area which are the core of the system of the Real Right of Marine Resources. The former is about the legal status of the system of the Real Right of Marine Resources, the ownership of the sea area as well as the property right of marine resources; the latter is about the conception and legal properties of usufruct of sea areas, the conflict and coordination between usufruct of sea areas and other usufructs, the alternation of usufruct of sea areas and the right and obligation of the person who possesses the usufruct of sea areas.Section 4 "the drawbacks about the current legal system of the Real Right of Marine Resources and improvement recommendation" explores the three main flaws of the current legal system of the Real Right of Marine Resources of China---the lack of systematicness and clarity of the legislation system of the Real Right of Marine Resources, the legal effect of alternation registration on the Real Right of Marine Resources should be strengthened as well as the weaknesses of the system of classifying the sea areas according to their respective functions and geographic characters and the accounting system of the value of distinct sea areas and the improvement proposals.