Study Of Sea Use Rights System

Right to exploit sea area is a civil property right derived from sea-area ownership. Civil subjects establish the right on the sea area in a certain period to possess, exploit, proceed and transfer the substance..The major Chinese legislation on the right of exploiting is the "Sea Area Exploiting Management Act of PRC", which has put into effect on January 1,2002. Although the law is an administrative law which major part concerns authority and administration, the author holds that the exploiting right established by the legislation is a new independent and typical exploit fruct.At present, there is less study and deregulation on the right of exploiting sea area as a property right, and many problems remains to be settled in practice. This article makes a general study on the primary and important theory of the right to exploit sea area, which has strong particularity with purpose of urging academics to think much of this problems and providing theoretic reference for practice and academic.There are four main parts of the study besides the introduction and conclusion:The first part concerns the definition of the right of exploiting sea area. The definition provides precondition for later studies and indicate the specific manners of exploiting.The second part is to analysis the features of the right of exploiting sea area. The sea area is clarified as civil item; furthermore, it has become a development of the definition of civil item. The right of exploiting of sea area is classified as a usufruct and has completed Chinese usufruct system.The third part studies the transaction of the right of exploiting of sea area and discuss how to distribute Chinese sea area as national resource and how to acquire the right legitimately. Among which, the focus is sea area mortgage and registration system, including their establishment, development and specific measures.The last part of the mainbody is to discuss the defects of current system and how to develop furthermore. The analysis mainly concerns the necessity to establish a legal system in the modes of property rights.Basing on clarifying the property theory and basic theories of right to exploit sea area, such as signification, characters and attributes, the author makes a thorough study on some important questions: defines the concept of the right of sea area, and analysis the legal nature of the right; Studies the transaction and the register system of right to exploit sea area; Discuss the relationship between right to exploit sea area and other relevant rights ;Analyzes and studies the limitation coming under the public law and private law and makes some advice to further studies.