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Ecological Research On The Use Of Sea Areas

Posted on:2018-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:J W ChenFull Text:PDF
GTID:2356330536988750Subject:legal
Abstract/Summary:PDF Full Text Request
The right to use sea area allows these right owners to exploit and use maritime space under the system of the Property Law.The right ensures sea areas to be orderly developed.With the sea areas thoroughly developed,it comes out of the pollution of maritime space,the problem of ecological damage and the development of new research theory on ecologicalization of real estate.Therefore,this thesis is based on the new situation of ecology,combined with the current situation of legislation at home and abroad,the thesis gives a new view of the system of the right to use sea area and proposes the conception and improved advice of the right's ecologicalization.The thesis is divided into three parts,which includes introduction,text and conclusion.The introduction mainly presents the development history of our nation's maritime space,the significance and method of the ecologicalization research on the right to use sea area.The main text is futherly divided into four chapters:The first chapter is a summary of the ecologicalization on the right to use sea area,which first generally introduces its character and then,defines its conception,feature according to the current reasearch theory achievement.The second chapter is the necessity and feasibility of the ecologicalization on the right to use sea area.The necessity of the right mainly analyzes the ecological problems among the maritime space usage,the defect of laws and regulations in the aspect of ecologicalization and the vacancy of related department in the administration of sea area ecology.Through the analysis of several point of view above,it is found that there is a heavy responsibility and a long way to construct the ecologicalization system of the right to use sea area.The feasibility of ecologicalization on the right to use sea area concerns about several aspects.Firstly,it's the feasibility under the view of theory,which lays a foundation for ecologicalization research on the right to use sea area through ecology theory and system theory.Secondly,it's the feasibility under national policy,which analyzes the policy about the construction of ecological civilization at home and abroad.The last aspect presents ecologicalization in legislation at home and abroad,which guides the legal system construction of the ecologicalization of the right to use sea area.The third chapter is the principle followed by the ecologicalization of the right to use sea area.Only when we insist on an appropriate principle can we ensure the right direction of system construction.It mainly includes the principle of the entirety and the different,the principle of individual base and social base,and the principle of public power and private rights.The fourth chapter is the realization approach of the ecologicalization on the right of maritime space usage.Through these four chapters analyzed above,the final goal is to provide correct and feasible measures.The first aspect is the ecologicalization of acquisition,transference and elimination system of the right to use sea area,which mainly analyzes the defection in our nation's law and provides legislation advice.The next is to build up a sound sea area administration system which,on one hand,requires the administrators to make clear the responsibility and the requirement of ecologicalization during the execution of duty and on the other hand,establishes science information sharing and achieves the goal of the real time sharing of ecological detection.The last step is to improve a ecological compensation and relief system,in order to function as a safeguard for sea area ecology.
Keywords/Search Tags:the Protection of Sea Area, the Right to Use Sea Area, Ecologicalization, Perfection of System
PDF Full Text Request
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