Study On The Protection Of User's Right On Sea Area

China has entered a new stage of economic development,pushed by envision in the "Belt and Road" initiative.With the construction of sea ports and the adjustment of marine function partitioning,there are more and more actions of taking back the right to use sea area in coastal cities,so we are facing more problems in this field.The discussion on the recovery and compensation of the right to use the sea area has returned to the public's view again.Although the compensation system of the sea area has a long history,with the development of era,there are also a lot of new changes,the protection of the rights of user's right on sea area should draw enough attention.Firstly,this paper defines the meaning of the right to use sea area,and distinguishes between two concepts:fishermen and other users of sea area.This paper discusses the nature of the right to use sea area taken back ahead of schedule as a mainly question,and then discusses the subject and legal relationship of the compensation for the right to use the sea area,clarifies the meaning of user's right on sea area and the content of the protection of their rights and interests.On the basis of studying the regulation on tacking back in China and at abroad,this essay defines the action of tacking back the right to use sea area ahead of time for public interests as a kind of socially useful tacking-back,which provides support for the study in this field.Then comparing with the specific content of the protection of farmer's rights and interests,we discuss the content of the protection of the user's right on sea area,including four aspects,such as economic rights,political rights,cultural rights,and social rights.Secondly,it introduces the status of the protection of user's right on sea area,and the current laws and regulations of our country on protection of their rights and interests and the existing problems and obstacles in the protection which could affect their rights and interests.Then,the author tries to summarize the legal and social reasons for the damage of the user's right on sea area and to study the focus problems in some typical cases,and tries to find that the existing compensation mechanism in the sea is not perfect in our country.We should pay attention to these aspects,such as perfecting the compensation legislation,designing the code of procedure,strengthening the social security system and so on,then we could standardize the operation of power,strengthen the supervision and management of using the sea area,prevent the administrative organs from abusing the power,improve the legal consciousness of the user's right on sea area,and effectively protect the right of user on sea area.Therefore,combining with judicial practice,we can put forward some suggestions on protecting user's right on sea area better.