Researching The Right Of Using Sea Area Of Our Country

The ocean is human survival and sustainable development foundation, is thecradle of life, the treasure house of resources, has an important role in humans.Although rich in marine resources, but as with other natural resources, not inexhaustible. With the social development in recent years, economic progress, humanexploitation of marine resources for the gradual increase also highlights the diversityof mining methods, such as over-fishing and then there damage to the marineenvironment and other phenomena. Faced with this situation, there is a need forcomprehensive marine management system on the market of marine resources,effective monitoring and management.May1993, the State Oceanic Administration and the Ministry of Finance issuedthe "Provisional Regulations on use and management of national waters" to determinethe area owned by the state, put forward the concept of the right to use sea areas, andestablished and paid use of sea area use permit system. By2001, the "Sea Area UseManagement Law of the PRC," initially established a framework for property rightssystem in China Sea. By March2007the "PRC Property Law"in the title of a seriesestablished in the state ownership of waters, in a series of usufruct right to use theprovisions of the waters, the waters of the formal establishment of property rightssystem. This paper from the perspective of civil property right to the use of sea areasto explore the basic theory, and on this basis, of whether in theory or in practice moreproblems with the registration system and the marine waters of restrictions on theright to use To explore the issue, thinking that the future development of China’s lawsand regulations related to the theoretical basis, and for more in-depth study in theorythe right to use waters of the role of better ideas.The first part describes the basic right to use sea areas, including the right to usewaters of the concept, characteristics and properties. The nature of the right to usewaters from private right of the main, property and usufruct of the three areas foranalysis.The second part is the main content of the article, through our "Sea Area Use Management Law " in-depth study, summed up the right to use waters of severalimportant systems, and analyze.The third part is the study of foreign sea-use system, respectively, starting fromthe legislative overview, with specific conditions in the country, the main analysis ofthe waters of the United States and Japan to use the system, and summed up thecharacteristics of the two sea-use system, make a few points worth China can learnfrom.The fourth part describes the lack of the right to use and improve the system,respectively, the primary market for marine waters of the method for obtaining theright to use, sea and sea system of paid use system right to use the recovery process inthe application of that problem, and propose relevant Recommendations.