Die Verdinglichung Protection Of Fishing Rights

Since ancient times, the fisher live along with the water, carefully cultivated in coastalwaters, to promote the development of national economy and to meet the national demand forhigh-protein substances. It is well known coastal fisheries with high incomes but also has lowmobility, working area limitation and other characteristics, and with China’s economicdevelopment, such as the development and utilization of the behavior of marine pollutionincidents, underwater cable laying, harbor construction, the economy continues to infringe therights of fisher on the development and utilization of coastal waters.Fishing rights has long been identified as the rights attached to the executive power, underthe auspices of state actors, whether the license revocation or the expropriation, requisitionbehavior, fisher cannot assert their rights; After the "Property Law " introduced in usufructpapers regulations the breeding rights and fishing rights, without stipulating fishing rightssystem, the main reason is that fishing rights on the rights of property, nature and coordinationwith existing legal system does not correct theory, thus, no real right of fishing rights protection.The purpose of fishing rights systems is the utilization of coastal waters, aquatic resourceprotection, and give fisher in waters within this range of exclusive use rights to safeguard theinterests of coastal fisher. This article is based on research conducted in private law protection offishing rights, in order to perfect system to provide useful suggestions.The first part, the basic legal fishing rights were elaborated to establish the theoretical basisof the paper. The concept of fishing rights has long been a vexed issue theorists, especially onthe subject of fishing rights, the scope and type of the object clearly defined. Based on researchconducted at home and abroad this theoretical overview of the problem, to find a theory of dieVerdinglichung protection of fishing rights in accordancewith article demonstrates thatforeshadowing.The second part, put forward the question and the reasons in the present stage of China’sfishing rights.The real problem of protection of fishing rights is: the legal effect of fishingrights is relatively weak, inadequate and lack of legal remedies to protect the program, mainlybecause of lack of fishing rights in legislation and the legal nature of the fishing rights awarenessin theory inadequate.The third part,analyzes the feasibility of the fishery die Verdinglichung protection. Iffishing rights protection need to be viable, could be on two levels of analysis: First, theoreticallyfeasible; second is to work with our current related systems converge. Subsequently, by examining research on extra-territorial fishing rights protection, it also proved the existence ofprotection of fishing rights has a realistic possibility.Part IV,"Property Law" provisions of fishing rights system failure is a major shortcomingin legislation, so that adjustments to the fishery in reality is still a continuation of the legalrelationship of the executive power of the dominant regulation, it is difficult to achieve rightsunder this yoke of bondage of flying. This part of the objective is to safeguard the interests offisher, it is recommended to set up a system of fishing rights property of the system constructedby fishing rights.