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On The Establishment Of The Transfer System Of The Right To Use Islands Without Residents In China

Posted on:2015-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2356330461973496Subject:Environmental and resources protection law
Abstract/Summary:PDF Full Text Request
China, abundant in ocean resources, has more than 6000 uninhibited islands. With ascendance in economy development since 1978, China has more claims for resources, resulting in an appeal to investment in these uninhibited islands. However, the fledging regulation framework falls short of handling the practical problems. Specifically, the transfer of tenure right of these islands remains a gap in regulation, which is the subject of this paper. This paper begins with a depict of status quo in regulation of transfer of tenure right, then probes the necessity and feasibility of setting up framework to regulate, and finally proposes the suitable way for future regulation.This paper is divided into five parts. Part ? is an introduction to the status quo of both legislation and practice of transfer of tenure right. Part ? focuses on the necessity of setting up regulation framework from perspectives of economic functions of developing islands, market efficiency as well as improving tenure right of uninhibited islands. Part ? suggests that establishing framework of transfer of tenure right is feasible from both theoretical and practical dimensions. As to the former, an analysis will touch on the nature of tenure right of uninhibited islands, while the latter concerns practices both in China and abroad. Part IV outlines some proposals on establishing the regulation framework, including conditions, process, dispute resolution system in transferring tenure right of those islands. Part ? is conclusion.
Keywords/Search Tags:uninhibited islands, transfer of tenure right, Right in rem, tenure right of retour
PDF Full Text Request
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