Study On The Real Right System Of Using Sea Area

The21st century is the century of the sea. The population grows quickly and theresources are over-explored. These makes the land can’t meet the needs of theproductive activity and daily life completely.The exploitation and utilization of theocean provides a new space for human development. The ocean is a "Blue Land".Likemost countries of the world,our country confirms the sea as a sort of natural resourcesand it belongs to the State. In order to increase its use value and efficiency, the systemof using sea area appears.As the two most important laws for studying the real rightsystem of using sea area,"Management Law of Using Sea Area" and "Property Law"have some drawbacks and shortcomings.From the view of property law, the currentsystem of using sea area does not give enough attention on the private propertyright.This system can not provide enough protection for the one who has the right ofusing sea area.It has a lot of space to improve this system.In this paper, the theory ofcivil law is considered as a starting point and the right to use sea area is included inthe study areas of property law.In this way,it is used for studying the real right systemof using sea area and proposing some thoughts and suggestions for improving thesystem.In the structure,this paper is divided into five parts.The function of“Introduction” is to give the simple elaboration,and then the remaining has fourspecific chapters.Chapter I is "Basic Theory of the Right to Use Sea Area." Sea area is the objectto set the right of using the sea area.On the basis of elaborating the sea area’ s scopeand property specifically,the State ownership of the sea area is addressed.Theownership of the State derives the right of using sea area and is recognized as the“Mother Right”.The last part of the chapter is to define the right to use seaarea,including the definition,the way and the classification of using sea area and theconcept,the scope and the composition of legal relationship of the right to use seaarea. Chapter II is “Definition on the Property Law System of the Right to Use SeaArea”.After the analysis on the dispute of public power and private right,this partdefines the right to use sea area as a private right.Then it compares different theoriesand defines this private right as a new independent usufructuary right.It has manyproperty characteristics such as availability,dominance,priority and exclusivity.On thisbasis, taking the right to use the land and the quasi-property rights related to the seaas two representatives,it analyzes the relationship between the right to use sea areaand the related property rights.Chapter III is "Changes of the Right to Use Sea Area in Real Right Law System".Starting from the right acquirement,it analyzes the three ways to obtain the right touse sea area.They are application and approval,tendering and bidding and auction.Forthe circulation of this right, it includes many different ways such as transfer,inheritance, rental and mortgage.For the elimination of this right, it is divided intoabsolute elimination and relative elimination.Finally, it analyzes the registrationsystem for the right to use sea area in the whole process.Chapter IV is "Improvement of the Real Right System of Using Sea Area in OurCountry". By analyzing several deficiencies of the current system on the right to usesea area, this part of paper proposes two guiding principles for the systemimprovement.It gives full consideration on the public authority of this right and alsopay attention to intensify efforts to protect the one who has the right to use seaarea.Then, it investigates different effects on legislative model and managementsystem on the right to use sea area in other countries.This study can provide somereference for the choice in our own system.Finally, it gives a few suggestions for theimprovement of the real right system of using sea area in our country, in order toaccelerate the process of building the whole system and to promote the exploitationand utilization of sea area in the last.