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Study On Legal Problem From The Right To The Use Of Sea Area To The Right To The Use Of Land In Land Reclamation

Posted on:2014-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:X L QiFull Text:PDF
GTID:2296330467452957Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The right to the use of sea areas, the right to the use of land as usufructuary rights are confirmed in our "property law".At the same time, they are also respectively adjusted by "The Law of the People’s Republic of China on the Administration of the Use of Sea Areas","The Law of Land Administration of the People’s Republic of China" and so on. But with China’s reclamation activities to the fourth climax, still few scholars pay attention to how to realize the seamless connection of The right to the use of sea areas and the right to the use of land in law which is an unanswered question. Departmental rules and Local regulations and local government regulations each have different regulations respectively. And there are lack of the experience of other countries for us to reference. All above cause problems on convergence of the two rights in current legal system. A convergence of the two rights system and legal norms not only involve the coordination on the legal norms of the sea area, the land, the property and the unification of the legal system, but also relate to the configuration of the power and the function which the corresponding administrative departments exercise. In view of this, the paper will adopt the following four part to discusse how to solve the problems in the legal convergence of the right to the use of sea areas and the right to the use of land in the reclamation:The first part of that " Several problems needed to be clarified for this study ". Some basic problems related to this part of the paper:Sea and land boundaries, whether set the right for sea-fill or not on the views of the author, then a comparative analysis between the right to the use of sea areas and the right to the use of land. All above lay the foundation for the further discussion.The second part of that "Existing legal provisions about the convergence of the right to the use of sea areas and the right to the use of land ". This part mainly from two aspects of the central legislation and local legislation introduces the current legal regulations about the convergence of the right to the use of sea areas and the right to the use of land in the reclamation, and summarizes the two rights system cohesion form in six aspects of the local legislation:the rights of ownership, right duration, right registration, paid use system, planning system, the treatment of the land which is produced by illegal land reclamation.The third part of that "the problems in legal convergence of the right to the use of sea areas and the right to the use of land in the existing legal system". From that part, it analyses the problems in the existing legal system of legal convergence of the right to the use of sea areas and the right to the use of land in three aspects:between central legislation and local legislation on the sea area management, between legislation of sea area use management and legislation of land management, urban and rural planning law and other laws, between the specific system of the sea area management and the concrete system of urban and rural planning management, land management.The fourth part of that "the solutions to the problems existing in the legal convergence of the right to the use of sea areas and the right to the use of land in the land reclamation". This part is put forward the proposed solutions for the problems of legal convergence existing in the two rights, namely:to revise "The Law of the People’s Republic of China on the Administration of the Use of Sea Areas" as the foundation of legal connection, when "The Law of the People’s Republic of China on the Administration of the Use of Sea Areas" is revised, setting a special chapters is necessary to realize the legal convergence of the right to the use of sea areas and the right to the use of land in the land reclamation, and then the essay expounds the concrete legal arrangements.
Keywords/Search Tags:Land Reclamation, The right to the use of sea areas, the right to theuse of land, Legal Convergence
PDF Full Text Request
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