System Research Of Chinese Maritime Right Of Use In The Environmental Law Vision

Waters’liquidity and complexity determine the difficulty for waters’specification andspecialization. As seas have been treated as waifs and common possessions in a long time,therefore anyone can develop and exploit them, which have caused tremendous waste anddestruction of seas environment resources. Consequently, treating seas as a property according toReal Right Law and establishing seas real right system and giving sea users rights and obligationswill greatly change the destroyed seas environment resources and realize orderly exploration andrationally utilization of seas environment resources.The design of current seas use right system, based on the real right law, conforms to therequirements of seas environment resources protection and reflects the modern real rights Law’spositive response to seas environment problems. However, the design of maritime right of usesystem is limited by the original research view, lacking the foundation to realize the integration ofmaritime right of use systems, difficult to achieve the aims of protecting environment resources onthe base of coordinating multiple interests. Treating the environmental law as the researchperspective will break through the bound of the Real Right Law, promote the integration andinnovation of maritime right of use system, and implement the optimized utilization of seaenvironment resources.This thesis puts forward a proposition of innovating the maritime right of use system in theview of environmental law, aiming to propel the research of maritime right of use system andachieve the organic integration and integral completion through changing the view andreconstructing the theory. This thesis is divided into 4 parts as follows:The first part talks about the legal analysis of maritime right of use and its system. This partgives detailed analysis of the particularity of seas as an object in Real Law, and then it presents thedesign ideas and methods of maritime right of use system, afterward analyzes the innerrelationship between maritime right of use system and sea environmental resources protectionsystem on the basis of sea’s set attribute of environment, resource and property.The second part proposes the reform of maritime right of use system in the perspective of Environmental Law, based on defects of maritime right of use system in the view of Real Law,which part emphasizes the reason, method, theoretical basis and current demand of reforms.The third part mainly sorts out and analyzes Chinese maritime right of use system, whichincludes three parts: first introducing and evaluating the legislative arrangements of Chinesemaritime right of use from the view of maritime right of use legislative distribution and basiccontents; second summarizing and analyzing the two main defects in maritime right of usesystem, namely, disjunctions exist among related systems of maritime right of use and lack ofenvironmental protection function for the maritime right of use system ; third analyzing three mainreasons for causing the defects of maritime right of use, that is, lacking private and public rightsfor system integration of maritime right of use, seas’ecological values are not considered in theReal Law and artificial isolation of sea’s environment and resource attributes.The fourth part is the main point and difficulty of this paper, which puts forward the idea tocomplete Chinese maritime right of use system on the basis of previous discussion. This part willelaborate three points in the perspective of Environmental Law, that is, the aim to completemaritime right of use system, the framework to perfect maritime right of use system and theconcrete idea to complete maritime right of use system. The aim to complete maritime right of usesystem is to realize the enrichment of property of sea area system to show the environmentalprotection value of maritime right of use system, and to achieve communication and exchange ofmulti-value interests. The framework will rich the right system in the first place, then willconstruct environmental obligation system, finally will reconstruct government rights andresponsibilities system. Particularly, the framework is to rich the property of sea area system inorder to promote ecological turning and ensure system’s environmental protection function.What’s more, the framework is to integrate environmental management system，making sure therealization of seas environmental resources interests.