Research On The Conflict And Coordination Between Maritime Right Of Use And Fishery Right

The maritime space is a kind of important natural resource for the survival and development of fishermen. According to the current laws and regulations, maritime right of use and fishery right are both involved in the process of fishermen’s sea using. There are conflicts between the maritime right of use and fishery right, which show in two aspects. In the aspect of law setting, it performs as overlap of the right setting and the right contents. In the aspect of judicial practice, it performs that some local government department infringement fishermen’s fishery right, this is not only harm the interests of fishermen, but also goes against the maritime use right’s legislative purpose. In this paper, on the basis of theoretical analysis about the maritime right of use and the fishery right, combined with the practices in which fishermen’s interests are damaged, deeply analysis of the causes of the conflict. The paper hold the idea that, to solve the conflict between the maritime right of use and the fishery right, the legislature should further improve the relevant rules, in order to avoid an adverse consequence. Specifically, it should be clear that both of maritime right of use and fishery right are valuable. In the aspect of right setting, avoid the fishermen who have acquired the right to pay the fees for the use of sea areas again, so as to put an end to the double charging phenomenon. The unified, independent sea property registration system should be established. This will help to protect the interests of fishermen, and will help marine fisheries sectors to carry out effective supervision on the waters. In the utilization of the waters, considering its many types of resources, introduce confirmation of layered right, to maximum balance interests of all parties and to optimize the sea using structure. In order to coordinate the conflict of maritime use right and fishery right, the right of existence should be given priority, at the same time to consider the interests of other parties. Under certain circumstances, as an exception, for the public interest, priority should be given to establish the maritime right of use, at the same time, the traditional fishermen should be given sufficient and reasonable compensation.