Study On The Right Of Paid-Using Sea Areas

Article 33 of the Law of the People's Republic of China on the Use of Sea Areas implemented in 2002 clearly stipulates: "The state adopts a system of paid-using in sea areas." This legal provision establishes the system of the right of paid-using sea area in China.China's principle of paid-use is stipulated explicitly in the system construction of the rights of using sea area,because it is only the establishment of a system of the right of paid-suing sea area that we can truly go beyond the tragedy of the commons in the allocation of natural resources in the our new era.Specifically,the implementation of the system of rights of paid-using sea areas can not only safeguard the use of state-owned resource in China,but also guarantee the our rights and interests in sea areas.The most important thing is to help normalized the order in the development and utilization of sea areas,and ultimately achieve the harmony of the social benefits,economic benefits and ecological benefits.The fundamental way to study the paid-using system in the sea area is to explore the right of paid-suing sea area.In other words,the system of paid-using sea areas is essentially a system-construction centered on paid-using right in the sea area.The study of the right of paid-suing sea areas can be carried out from three levels: First,the conceptional analysis.A conceptual analysis of a rights or rights system is the starting point for any humanities and social science research.It decomposes the right of paid-suing sea areas into four categories: sea areas,ownership of State in sea areas,the right of using sea areas,and the right of paid-suing sea areas.Through the analysis and determination of these four concepts,we attempts to outline the theoretical dimensions that serve as the basis for paid-using right in the sea area;Second,operational inspection.The quietly theoretical analysis of the paid-using rights in the sea should ultimately be carried out on the dynamically operational inspection of the paid-using right in the sea.Only in this way can a kind of right gain its vitality and it will has practical value and significance.Therefore,the so-called operational theory of paid-using right in sea area is in fact a more specific and detailed summary and description of the entire logical link of the operation of paid-using right in sea area;Third,institutional reflection.China has implemented the system of the paid-suing sea area for more than 10 years,although it has indeed achieved gratifying results,we can still find many unsolved practical issues in the course of running this right.Therefore,after studying the "ontology" and "operation theory" of paid-using right in sea areas,we must reflect on the right of paid-suing sea area at the institutional level.This part of the reflection constitutes the institutional theory of the right of paid-suing sea area.Institutionalism attempts to proceed from an institutional facts,projecting the right of paid-using sea area into the overall background of the institution,and observing,analyzing,and exploring the institutional system and institutional context.At present,although there are both legislative and law-enforcement issues in the performance of the right of paid-using sea area in China,overall,the main problems are reflected in the enforcement of the marine administrative departments.The chaotic supervision over the using of sea areas or the disorderly using of sea areas is the primary factor causing the problem of paid-using sea areas.How to strengthen the supervision of the marine administrative departments,how to implement the political and economic functions of the marine administrative departments,and how to improve the professionality and scientificity of supervision of sea areas,are the core issues to be solved in the process of perfecting the system of the right of paid-using sea areas in China.In short,the perfection of China's system of the right of paid-using sea area should be based on the fundamental aim of accelerating the improvement of the socialist market economic system and building a harmonious coexistence between man and nature,and strive to realize the harmony of economic benefits,social benefits and ecological benefits.