Research On The Improvement Of The Legal System Of Paid Use Of Uninhabited Islands In China

After the Island Protection Law of the People's Republic of China(hereinafter referred to as the "Island Protectio n Law")was promulgated,the system of Paid Use of uninhabited islands was confirmed in the form of law for the first time.The system of paid use of uninhabited islands is an important measure to implement the national policy of establishing and improving the system of paid use of resources.And it has great significance in regulating the order of island development,promoting the sustainable development of islands.However,we should also be aware that there are still some problems in the system of paid use of uninhabited islands in China,such as lack of rights foundation,low degree of marketization,unreasonable minimum price standard for the transfer of the right to use uninhabited islands.Due to the absence of a relatively complete legal norm system for the paid use of uninhabited islands and a lack of systematic theoretical research,the current system of paid use of uninhabited islands in China has not been well implemented.To improve the system of paid use of uninhabited islands in China,we must analyze the connotation of the system itself and clarify the proper meaning of "the right to use uninhabited islands" and "the system of paid use of uninhabited islands".As a bundle of rights,the usufruct of uninhabited islands is a new type of usufructuary right of real estate.The system of paid use of uninhabited islands is a system in which the state,as the owner of the uninhabited islands,grants the right to use the uninhabited islands to the resource demanders according to law on the basis of assets management of the resources of the uninhabited islands,and collects reasonable use prices from them.The real right theory of natural resources,the market-oriented allocation theory of public resources and the sustainable development theory provide the theoretical basis for the establishment of the system of paid use of uninhabited is land s.From the perspective of related system construction outside the country,the United States,Maldives and Japan have established a relatively perfect legal system to regulate the development and utilization of their islands.Therefore,it is necessary to build a system of paid use of uninhabited islands in accordance with the actual situation of our country on the basis of drawing lessons from successful experience abroad.Firstly,we should adhere to the concept of developing and utilizing uninhabited islands with priority of ecological protection,and give priority to the protection of ecological environment and take it as a basic maxim to guide and adj ust the relationship between man and nature.Secondly,We should adopt the development mode of "differentiating treatment,dividing and governing" for uninhabited islands.The development mode of "differentiating treatment,dividing and governing"is an inevitable choice under the national conditions of diversity and particularity of island resources in China.It can effectively deal with the problems of commonality and individuality among islands,as well as among the elements of is lands.Finally,in terms of management system,we should improve the comprehensive management system of paid use of uninhabited islands and establish a management system that meets the actual needs of protection,development and utilization of uninhabited islands in China.At present,although China has initially established the system of paid use of uninhabited islands,and has achieved certain results in the central and local legislation,and coastal provinces and municipalities have also carried out a series of exploration and practical activities in order to develop the marine economy of the region.But we still can not ignore a series of problems existing in the current system of paid use of uninhabited islands.The main manifestations are as follows:the "Island Protection Law" has defects;the legislative level of the paid use system is at a low level;the object and scope of the usufruct are not clear;the market-oriented transfer and circulation mechanism of the usufruct is unsound;the collection standard of the use fee is unreasonable;and the supervision and management of paid use is not in place.Based on the above problems,we must make targeted suggestions from two aspects of legal norms and specific system construction.Specifically,First,We need to improve the Island Protection Law.On the one hand,we should clearly stipulate the"right to use" and "system of paid use" of uninhabited islands,so as to provide legal basis for the construction of the system of paid use of uninhabited islands;On the other hand,we should improve the legislation on the management system and relief measures of the uninhabited islands,so as to provide effective legal protection for the implementation of the paid use system of the uninhabited islands.Second,we should formulate specific legal norms on the paid use of non-resident is lands.Thro ugh legislation,we can solve the problem of low standard level of the system of paid use of uninhabited islands and establish a unified system of paid use throughout the country.Third,we should clarify the object and scope of the paid use right of the uninhabited is lands.Ac cording to the specific types of islands,uninhabited islands'use rights is clearly defined.Fourth,we should improve the market-oriented transfer and transfer mechanism of uninhabited islands' use rights,and determine the market-oriented transfer mechanism and transfer mechanism of uninhabited islands'use rights through legal form.Fifth,we should improve the system of uninhabited islands' royalties and establish an adjustment mechanism of uninhabited islands royalties and a basic royalties system for uninhabited islands based on ecological environment protection.Sixth,we should improve the comprehensive management system of uninhabited islands,and clarify the responsibilities and competence of the competent departments.To ensure the implementation of the legal system of paid use of uninhabited islands,a high-level Integrated Management Coordination Body of uninhabited islands should be set up.