Research On Legal Issues Of Disputes Of Shoaly Land Utilization

Shoaly land resources are increasingly important, based on history and economic development reasons, its use of disputes legal issues were not taken seriously in the past, the two cases in this paper reflect the problem of beach disputes must be solved in two representative problems, that the shoals of ownership identified and tidal flats of compensation for expropriation. Sea Area Use Management Law and marine tenure management system and the Land Management Law to determine the land management system constitutes the basic system of ownership of real property (land and sea) management in the field of our sovereignty. Coastal beach because of its geographical characteristics, it is at the junction of land and sea, itself subject to the impact of the two systems of land and sea. To make it in the characteristics of property rights is both an expression land property characteristics, showed Ownership Characteristics of the ocean. So that the structure of the background of China’s dual structure, ownership vested more complex coastal beach. The resulting coastal beaches of ocean and land struggle and they bring a series of substantive and procedural issues. Nature of ownership is not clearly lead to a lack of uniform standards in compensation for the collection of tidal flats, China is still no complete system of legislative norms. These two issues The reason is because of the legal nature of the coastal beach unpaired conclusion. Coastal beach with tide, the intertidal zone and subtidal with three parts, the delineation of the coastline is very important for the identification of the legal property of the coastal beach, on this basis, should be identified with the land on the tide, the intertidal and subtidal waters. On the issue of ownership, the tide with both land by the state and collective ownership, use rights according to the state-owned land and collective land system to run with both subtidal and intertidal waters owned by the state use rights by the sea use rights system operation. In the use of compensation should be different according to the nature and adopt a different system, and thus established, the coastal beach binary compensation system. On the tide with a part of the land is state-owned, the compensation should be applied to the current state-owned land use rights to recover compensation system in advance, if the land is collectively all, compensation for expropriation and requisition compensation system. Part in the intertidal and subtidal zone, because the waters are state-owned, the compensation should apply to sea use rights to recover the compensation system in advance. Part of the compensation for the waters, the principle of compensation should be made clear, perfect compensation standards, detailed compensation program.