| At present,our country is in the period of vigorously developing and utilizing marine resources.The market for the transfer of the right to use the sea area is also growing rapidly.Many coastal provinces and cities have already had circulation activities such as mortgage,transfer and rental.However,at present,the market management environment of the right to use the sea area in China is relatively chaotic,and the management legislation needs to be improved.Once for a long time the right of using sea area management system is administrative management as the foundation to build,which apparently has been unable to adapt to the new era of property development needs,establish a perfect follow sea use rights transfer management system and a set of unified norms imminent.From the concept of the right to use the waters of circulation,discusses the right to use the waters highlight the significance of their property right transfer,summarizes the relevant provisions of the use of the foreign relevant waters and management experience,from our own actual start to explore the ways of the circulation of the right to use the waters and classification of various transfer quality,puts forward some problems in our country the right to use the waters exist in circulation and discuss the related countermeasures,trying to construct a perfect and can adapt to the rapid development of sea use rights transfer market of sea use rights transfer system.The first part is the concept of the right to use the sea area,and the definition of the right to use the sea area and the nature of the right to use the sea area are discussed from the perspective of the property law.Besides,it also discusses the concept and characteristics of the transfer of the right to the use of the sea area,and explains the positive significance of the improvement of the circulation system of the right to use the sea area for the property law.The second part is a summary of the management methods,legislative models and achievements of overseas waters from the perspective of comparative law,including the representatives of ancient Rome and continental law system: France,Japan and Korea;the representative of Anglo American legal system: Britain and the United States.Through comparison,the experience of these countries is of great significance to the construction and improvement of the transfer system of the right to use the sea area in China.The third part discusses in detail the specific way,at this stage of China's sea area use right transfer including: a market of sea use rights transfer means,including auction,approval,bidding,negotiation and listing;the right to use the waters of the two secondary market circulation mode: including inheritance,transfer,lease,mortgage.The restrictions on various circulation modes and market access conditions are analyzed in detail.The fourth part put forward related problems of circulation in China the right to use the waters in the aspects of the government from the legislative point of view,the control angle and value angle,the circulation market of the perfect angle and standard angle to analyze the feasibility of several important problems in the process of circulation of China's right to use the waters and the direction of improvement.The fifth part is the issues related to the fourth part of the recommendations,from strengthen the supervision of law enforcement;establishing and perfecting the information network,more transparent;the income distribution adjustment of sea use rights trading;perfecting the relevant system two circulation market;set up the security measures to promote the good circulation market;value evaluation system the construction of several major aspects of sea use rights transfer market to control,the management and the relevant system construction overall improvement,finally summarized the article and put forward a better prospect for China's future sea use rights transfer market to accelerate the development of broad prospects and potential economic benefits of the sea. |
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