Research On The Rights Of Using Public Property Nature Of The Sea Areas

According to the normal logical relationship,sea area is owned by the state within the scope of our territory.From the angle of the user,right to use sea areas is a combination of public and private two attributes.In this paper,classify rights of using sea areas according to the theory of public property.Clear which part belongs to the category of public property in public law regulation,put forward concrete countermeasures to use the sea area with public property nature.This paper is divided into several parts.The first part is the basic theory of the public property.By means of the basic theory of the public property in France,Germany,Japan and America,concluded the basic concept and the connotation of public property,introduced the classification and the usage of the public property,to provide theoretical guidance about the use of the public property nature of the sea area for our country.The second part is the nature of the sea area and the rule of law in our country about this content.Base on "Law of the Peoples Republic of China on the Use of Sea Areas",clarify all about the ownership of the sea areas,how to use,how to have the right to use.At the same time,there are problems exit,the public property nature of the sea areas have no explicit stipulation.Not to distinguish the two nature of the sea areas.The third part is to determinate the public property of the sea areas.Through the basic theory of the public property and the regulation of our country existing legal norms to explain the public property nature of sea areas,contact the practice on the use of the public property nature of the sea areas,Summed up several types belong to the public property nature of the sea areas.Including free use of gold and reduce the use of gold in the sea areas which the law has been provided,the public use of the sea area and the non-exclusive use of sea ares.It also includes that the habitual use of the sea areas,the public landscape use of the sea areas,the ecology use of the sea areas which the current law have not mentioned but should be the public property of the sea ares.The fourth part is the improvement of the using of the public property nature of sea area.Through the analysis of the situation of the using of the several main types of the public property nature of the sea areas,the improvement of the specific measures are put forward.The habitual use of the sea areas should protect the habitual user' s rights preferential.Determine the national people's congress as the charging body of the public landscape use of the sea areas.The determination of the charging standard of the public landscape use of the sea areas should follow hearing procedure.Strengthening the supervision to the ecology of the sea areas,improve the participation process,empowering the public to participate the management of the public property,the establishment of ecological compensation system will greatly stimulate the establishment of the sea areas ecosystem.