| The ocean is the indispensable natural resources for the human survival and development and plays a key role in the progress of human economic development.At the beginning of the 1990s,people transfer the starting point of economy from the utilization of land resources to the exploitation of ocean resources.Driven by the economy,legislative activities related to contents such as ocean resource and sea-area usage right has been conducted step by step.Taking the National Provisional Regulations on Management of Use of the Sea Area(hereinafter referred to as Provisional Regulations on Management of Use of the Sea Area)promulgated by the State Oceanic Administration in 1993 and with the development of various supporting laws and regulations,the sea-area usage right is finally confirmed in the form of basic law until the Property Law of People's Republic of China(hereinafter referred to as the Property Law)promulgated in 2007.The above all demonstrate the determination of Chinese government for establishing the legal system of sea-area usage right.However,due to reasons that it is affected by the specific economic background,the concept of sea-area usage right is legislative original of China,no overseas experience is available for reference in the process of legislation,there are various issues related to the existing system of sea-area usage right.By querying the publication of judgement documents in 2014-2015 of China Judgements Online,the author finds out that compared to the year 2014,the number of dispute cases concluded related to the sea-area usage right increases 20%in 2015.It is not hard for us to see that conflicts generated from issues of sea-area usage right system have become more and more manifest in the litigation activities.The development of economy must be guaranteed by the perfect legal system.In order to truly achieve the goal of making the best use of everything and ensure the ordered exercise of rights,we should take the theoretical research as the starting point and conduct the scientific and systematic research for the legal system of sea-area usage right and existing issues related.At present,there are two viewpoints of usage rights of public things and private rights for the disputes related to attribute issues of the sea-area usage right.After analyzing different academic viewpoints,the paper takes the system arrangement of the Property Law as a reference and considers that the sea-area usage right shall be a type of right for usufruct.Such attribute definition also conforms to the legislative intention of the Property Law.The sea-area usage right,as the property right,shall observe the property right and has the exclusive protection under the property principle.By briefly analyzing the obtaining,circulation and losses systems of sea-area usage right and proposing issues of the system and during the practices,the author has found out that the existing legal system of sea-area usage right is divorced from the current economic development situation and lack of operability during practices;it is of urgent need of China to supplement and perfect by legislation or absorbing local legislation experience.Moreover,it is required to conduct specific analysis for issues of existing legal system for sea-area usage right and encourage referring to scientific practical experience of local government so as to take the regulation of the order of sea-area usage right and maximization its effectiveness as development directions and propose reasonable perfecting suggestion. |
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