Researching On Taking Back The Right Of Use Sea Area Ahead Of Schedule For Public Interests

In recent years, with the construction of the port dock, the development of the coastal tourism industry and the adjustment of the functional area of the ocean, the use of the ocean continues to deepen.Taking back the right to use sea areas more and more in the coastal cities to meet the needs of social and economic development, more and more problems arising from taking back the right to use sea areas ahead of schedule for public interests, all the problems need to solve. On January 1,2002, Administration on Using Sea Area of People's Republic of China was implemented. But only regulations of principle on taking back the right to use sea area ahead of schedule for public interests and its compensation are specified in Clause 30 of this law and there are few regulations on taking back the right to use sea area ahead of schedule for public interests and its compensation are specified in the other laws and regulations.Therefore this essay studies the outstanding problems on taking back the right to use sea area ahead of schedule for public interests in reality, such as the concept of taking back the right to use sea area ahead of schedule for public interests, definition of public interests, restrictions on taking back the right to use sea area ahead of schedule for public interests and the compensation mechanism of the right of "losing the sea".This article states the basic theory system about taking back the right of use sea area ahead of schedule for public interests at first, introducing the connotation and legal attributes of taking back the right of use sea area ahead of schedule for public interests, which offers theory bases to the analysis of taking back the right of use sea area ahead of schedule for public interests in the text below. The second is the discuss about the public interests in the taking back the right of use sea area ahead of schedule for public interests, including the connotation and traits of public interests, the inspection and analysis of legislative modes on public interest , and suggestions about how to define the public interest in the taking back the right of use sea area ahead of schedule for public interests. Next is the procedural designing of the taking back the right of use sea area ahead of schedule for public interests, for a through procedure can norm the procedure of power exercises. On the contrary our country's legislative stipulation about the procedure of taking back the right of use sea area ahead of schedule for public interests is too simple to protect the owners of the right to the use of sea area, so it has to use justice procedure to limited the behavior of taking back the right of use sea area ahead of schedule for public interests. At last states the compensation born from taking back the right of use sea area ahead of schedule for public interests, points out the disadvantages of current system and trying to establish a multilevel and multi-channel compensation system with the main method of payment of damages and exchange the right to use the sea area, contributing, career training as supplement. We hope that this study can be beneficial to the theory and the practice of taking back the right of use sea area ahead of schedule for public interests and its compensation.