The Study Of The Replacement System With The Use Rights Of Sea Reclamation Projects

Since the Reform and Opening-up, China's coastal provinces have been developing rapidly in society and economy for long time, pressure is building up with the increase of their population, and led to more prominent contradiction from shortage of land and space resources.Lots of sea reclamation projects have been implemented in Coastal provinces?Today, most sea reclamation projects completed the "filling" process, lost the original marine nature, and achieved the substantial change from the ocean into the land. After marine is reclaimed, sea use right has to be changed to land use right by the original sea-rights owner. China has promulgated the "Management Law for Sea Area" and many other legal regulations on sea management, which regulate the reclamation act to a certain extent. However, the system is still not complete, And lack of operable the renewal process. Each area from their own interests, formulate the local regulations, which leads to various management rules for sea reclamation as well as huge difference in cost to acquire land use right by sea-rights owners.This paper aims at the problems and regulation defects existing in the process of changing sea use right to land use right for sea reclamation projects in China, so as to protect the interests of sea user as a starting point. It tries to standardize micro-control system and reform the management model for "sea changing to land”, from analyzing the laws like " Management Law for Sea Area " and "Property Law" as well as the nature of sea use right, based on the demand of integrated planning and coordinated development for marine and land, through the research and comparative analysis of related sea management rules home and abroad as well as the development process of China's land management laws. It aims to further strengthen the regulation hookup between waters and land management, striving to realize the smooth transition from sea use right to land use right for sea reclamation projects.The reforming and innovation of “Sea changing to land” is also a necessary requirement to strengthen China's coastal zone management, with important reference value of realizing integrated management of rivers, lakes, sea and other national resource.