The Conflict And Solution Of The Fishery Right And The Right Of Using Sea Area

Exclusive possession to carry on fishery production at specific waters is the main content of the fishery right. In the same area, the problem of right conflict will take place. For the same subject, one behavior will accept the adjustment of two kinds of law; for different subjects, the fishery right of a party and the other party to enjoy the use right can not coexist in the same area, otherwise the fishery right and the right to use sea areas will be in coordination state. The Department of Fisheries and marine departments in the cross, and the lack of cohesion between two laws gave birth to the right conflict. We need to explore the reasonable solution of the right conflict problem in the recognition of two respective rights. The following three principles can be referred to, one is the principle of priority protection of fishery right, another is the reasonable restrictions of fishery right on behalf of public interest, the third is the dialectical understanding and application of the real right of priority rules. The fishery right priority is the need to ensure the sustainable development of fishery, fishery right reasonable limitation is the need to safeguard public interests. Prior to conflict prevention, unified two rights is a proper way, including unified planning, unified admissibility, unified certification and unified registration. The unity of the two rights can not only eliminate the law applicable to the rights of people confused, but also effectively avoid "one area, two in laws" problem. After the conflict, it can be based on the balance interests relations, giving priority to the protection of fishery right or reasonable limitation of fishery right choice. Justice considerations, the need to give limited the right people to make full and effective compensation, the establishment of compensation mechanism for conflict processing damage.