Research On The Circulation Of Sea Area Use Right

Natural resources is the source of our food and clothing,the survival of this,the natural resources can be divided into two types,land resources and Marine resources,and the drying up of the land resources led people to look from land to ocean,Marine resources has become an indispensable part of human development,the right to use sea areas flow problem is closely connected with the Marine economic development,its importance is growing.The right to the use of sea areas refers to the right of possession,use and profit of specific sea areas acquired by the subject of sea areas according to law.The circulation of the right to the use of sea areas refers to the circulation of sea areas among free subjects in various ways so as to obtain benefits.Although the circulation process is supervised by the state,it is fundamentally the exercise process of civil rights.The current situation of legislation and operation of the circulation of maritime use right in China is not optimistic.Laws and administrative regulations are too general and lack operability,so it is difficult to adapt to the changing actual situation.Local laws are lack of systematization and standardization because of the low level of legislation.The circulation system is also complicated.Although the circulation market has developed rapidly in recent years and the circulation modes have become increasingly diverse,the circulation regulation is insufficient and the procedure is imperfect,which leads to the illegal chaos from time to time.The social problems caused by this are also worth paying attention to: the boundary between the right to the use of sea areas and the right to the use of sea areas is unclear,the circulation procedure is not standard,the circulation mode is not perfect and so on.Should coordinate well solve these problems,the effectiveness of the conflict between right to use sea areas and the related Marine rights,including the right to use sea areas and the effectiveness of the breeding rights coordination,and conflict resolving the content such as mining right,the right to use sea areas in clarifying and Marine property boundaries should further regulate the circulation of right to use sea areas on the basis of application,is to improve the system of registration and to clear contract conditions,registration system and the contract shall be applicable to the establishment and change of the right to use sea area,so as to ensure the smooth and orderly transfer activity on the program.In addition,the circulation mode of the right to the use of sea areas should be improved.The circulation mode is diverse.On the basis of clarifying the scope of bidding,auction and sale,the relations among the circulation modes such as transfer,lease and mortgage should be sorted out,so as to effectively promote the standardization process of the circulation of the right to the use of sea areas and ensure its feasibility.Based on the comprehensive analysis of various circulation problems,the author constructs the overall framework of the circulation system of the right to the use of sea areas by laying equal stress on entity and procedure,so as to provide some references for the improvement of its legal system.