Research On Establishment Of The Relief System Of The Right To Use Uninhabited Islands

China is one of the countries which possess the most numerous islands in the world. According to a special island survey, the number of islands belonging to China is up to 10,312 (including Hong Kong, Macao and Taiwan regions). In the light of social attributes of the islands,most of the island is uninhabited islands, with only 569 having residents, accounting for 5.6% of the total. Oweing to swift technology innovation,the rapid development of the productive forces, stronger seaworthiness of the ship, improvement of telecommunications & power facilities, it seems possible and necessary to exploit remote uninhabited islands. With the development of marine economy,China has seen the expansion of the exploitation of marine resources both in depth and breadth. As a natural resource with comprehensive value in utilization, uninhabited islands are drawing more and more attention of the whole society. On account of the stability of laws associated with hysteresis quality, the relevant legal system does not meet the real needs, lack of research on the relief system of right to use uninhabited islands illustrates some of the problem. "No relief no rights," the absence of the relief system will inevitably makes the right to use uninhabited islands Invalid.which impacts of legal authority and even becomes a threat to social stability. It’s also my aim to compile this article.This paper is designed to deal with two aspects by four-chapters’description. On the one hand,we want to put forward opinions and suggestions,which focus on protection of the use right of organizations and individuals obtaining a valid certificate (such as forest warrants, certificates of mining, fisheries warrants, land certificates, housing certificates etc.) before the issue of "Island Protection Law"in 2010,concentrating on how to achieve a smooth transition of reform;on the other hand, in the future subject to expropriation, requisition or any other violation of the way through the relief. With the in-depth of island protection and development, these issues have been becoming focus of the whole society.The first chapter summarizes overview basic issues of the use right of uninhabited islands.lt provides good theoretical groundwork by introducing the basic concepts, basic features, basic grasp of facts for further studies. Firstly comes the analysis of the concept of uninhabited islands, then the concept and features of the use right of uninhabited island are defined,and finally comes a brief introduction of development and utilization of uninhabited islands.In the second part we illustrate theoretical analysis of the causes of the first aspect of the problem; scientific principle that the law emphasizes the priority of protection must be adhered to, on account of the feature of uninhabited islands.The second chapter that is composed of two aspects of issues of the right to use uninhabited islands:historical ownership of uninhabited islands and Legitimate expectation of uninhabited islands use rights.Through the analysis of the relevant background & causes of two problems to be solved in this article,it provides theoretical support for on the next research.The third and fourth chapters put forward reasonable consideration on two aspects mentioned above.The third chapter discusses problems of the uninhabited islands left over by history. Including foreign formula on this problems; premise of solving historical issues-to implement centralized management of uninhabited islands, discussed the necessity and feasibility of the implementation of centralized management on uninhabited islands;by imitating Experience of coastal cities,it comes up with solving ideas of historical problem.Chapter IV focuses on exploring and perfecting remedy of the right to use uninhabited islands.Starting from general concept of land expropriation,,it interpretes theoretical basis of compensation for expropriation, the principle of compensation for land acquisition, requirements of legal expropriation,improvement in relief of compensation for expropriation and requisition, and then settled into levy Compensation for the right to use uninhabited islands-combined with China’s actual conditions to explore a wide range of relief mode, it is recommended to establish a set of compensation for expropriation, combined with legislative remediesjudicial relief,programs relief, specialized agencies relief,fund for developing uninhabited islands, and various innovation in Remedy (partnership,a priority system on use right.and build a stored compensation system,a reasonable incentives guided by policy)for supplemented,which should be a better choice for the mode of relief system of right to use uninhabited islands under the circumstances today.