Study On The Legal System Of Our Country’s Uninhabited Islands’ Development And Utilization

The ocean is magniifcent and fertile. Accompanied by the development ofhuman civilization and modern technology，the ocean is becoming a new access ofresources. The uninhabited islands has played an important role in the development ofeconomy，sovereignty protection, territorial safety, national defense，environmentalprotection, energy supply and scientific researching. However, China’s legal system isnot perfect in this area, which courses the island resources’ destruction. In this paper,with the history of the development of uninhabited islands, some current status,theories and some foreign legislation, we are trying to put forward somecountermeasures and suggestions. This article can be divided into four parts:The ifrst part introduces the historical development and evolution process of thelegal system of the uninhabited islands. The value of uninhabited islands is growing，along with the growth of human capacity. Now, the uninhabited islands have becomethe target of the whole world’s country. After the entry into force of the UnitedNations Convention on the Law of the Sea, the competition about uninhabited islandshas occurred more and more frequently. China’s legal system is not perfect in this area,there are still some loopholes.The second part theoretically describes the legal system of the uninhabitedislands, including concepts, principles. The uninhabited islands have its owncharacteristics, its environment is fragile, indivisible and it has related to publicinterests. Economic development and environmental protection, these two valuesconlficts，particularly in the area of uninhabited islands. According to the importantrole of uninhabited islands which has been played in the area of public interests. Thestate preferred to protect the environment. Therefore，Uninhabited islands’ ownershipbelongs to the state, the rights of using of uninhabited island have been restricted bythe law.The third part lists the legal system of uninhabited islands in Hong Kong, Japan,Korea, the United States and other developed countries or regions. Through theanalysis of them, we can learn some advantages from them, especially for ourcountry’s future. The fourth part, ifrst of all gives a brief introduction on the situation of China’slaw system about uninhabited islands, as well as analysis it. And then combined withpreviously mentioned, to make some recommendations for the future legislativework.Now,the legal system of uninhabited islands of China is not perfect, there aremany problems there. Excellent example By referring to the theory of property rightsand some excellent example abroad. From the perspective of economic law, we aretrying to build a better system of law, which is relevant to the uninhabited islands’development, utilization and protection.