A Study On Maritime Right Of Use Problem

This article proceeds with research of the maritime space in the maritime right of use , then defined the maritime right of use, and makes a reservation from legal property to maritime space, analyzes maritime space settlement , change and stop of maritime right of use, explained the effect of the maritime right of use and conflict of rendering a service finally . The research of this article launches the discussion on a basis of "maritime space use administration law ", the research of the full text centres on this law all the time, regards legal clause as the main research object, and proposes some legislative suggestions on the question left untouched in the law article .Particularly, the full text is divided into six major parts. First of all, the foreword part has made an introduction on the writing background of this article, the development changes in the system of maritime right of use of our country have been summarized, thus carried on foreshadowing for following research , has drawn the following argumentation. And then carry on research to the maritime right of use from five parts.Part one mainly researches "maritime space " of the maritime right of use , legal status , characteristic and its range of maritime space in maritime space describe, orientate the maritime space as the category of the thing on the real right of the civil law, the characteristic of probing into maritime space points out that sets up the necessity of the maritime right of use , have defined the range of the maritime space .Part two defines the maritime right of use, carries on concrete analysis to maritime space mother right, definition , the subject, object and content of enjoyment. Right of mother of the maritime right of use is mainly the ownership of maritime space , the study on it is a prerequisite of studying maritime right of use. "maritime space use administration law " has not defined maritime right of use, has defined it from the academic angle. And then analyze this legal relation of the maritime right of use. In order to there is an overall understanding to the maritime right of use through the argumentation of this part.Part three orientates the legal properties of the maritime right of use, defines first it is the private right , a great deal of theories of introducing private right in saying, forexample: Natural resources enjoyment say, quasi real right say , license real right say , the real right is spoken , the usufruct is spoken etc., have analyzed the excellent , shortcoming of different theories. Characterize the maritime right of use as usufuctuary right finally, expound it as the reason of usufuctuary right.Part four the settlement, modification and question stopped of the maritime right of use have been described . The establishment of the maritime right of use has introduced making the way and explaining its three ways to set up of it: Administrative licensing , calling for bid and auctioning. Have introduced the concrete procedure in this respect and existing problem.Part five study effect, it and other conflicts of the respect of rendering a service of relevant real rights of the maritime right of use. In rendering a service, the exclusiveness of discussing the maritime right of use mainly renders a service and renders a service with priority . Render a service respect in it with other relevant real right, probe into it and fishery right, right to use the land , ore conflict of right to own property mainly, has put forward the rational scheme, in order to solve the problem existing in practice.