Research Of Transfer Institution Of The Right To Use Maritime Space

The legal system of the right to transfer maritime space is about concerning laws and regulations in primary market. This legal system which aims at regulating behavior and improving efficiency while using maritime space was separated from maritime space ownership. Since the legal system of the right to transfer maritime space has been introduced in our country, the conduct of using sea area is regularized,and the value of maritime sea area is virtually realized. But equally important is that because our traditional economic mode, maritime space has not been attached importance to as land,and concerning legal system is not completely well-established. With the land resource constrained and the improvement of marine science and technology, how to use resources of maritime space and establish stronger laws and regulations is a serious problem we need deal with.This article is for the purpose of solving existing problems in the legal system of the right to transfer maritime space. This article explored meaning of the legal system of the right to transfer maritime space,and introduced the legal system of the right to transfer maritime in and outside,then though finding problems in this system,this article proposed some suggestion to make it sound by referring foreign maritime transfer legal system and relative land regulations. Specifically, the research can be divided to following six parts:The introduction part presents background and significance and prospects of the issue, and described writing method and innovation of this article,Chapter one gives a definition of maritime space which is only studied in private law in this article. Then, this chapter analyses the connection between maritime space value and the property system of sea area, though which discussed the existing meaning of maritime space transfer institution.Chapter two researches transfer institution as a part of maritime space property system. This part focuses on basic concept of the right to use maritime space’s and definition and nature. By combing history of transfer institution of the right to usemaritime space of our country, this chapter point out the deficiency both in theory and practice of our maritime space transfer institution.Chapter three researches sea area use fee which is affiliated to transfer institution.Though introducing definition, development and practice of sea area use fee institution, this chapter explored the questions in sea area use fee.Chapter four offers some suggestions to improve the right to use maritime transfer institution based on chapter two and three. Besides adopting advantages from foreign transfer institution of maritime space, this chapter analyses fundamental system of transferring right to use land from which draw experience to apply in maritime space transfer institution.The conclusion part sums up the main idea and content of the whole article.