Real Right Protection In The Collection Of Sea Area Use Rights

The sea area under the jurisdiction of China is about4,730,000square kilometers,and the marine resources are very rich. In order to promote the development andutilization of marine specification and management, The People’s Republic of ChinaSea Use Management Law came into force in2002, representing that the sea areamanagement system has been formally established and the activities related to the useof sea areas have been standardized. In2007, The People’s Republic of ChinaProperty Law clearly regulated the attribute of usufruct property for the first time.However, the current laws and regulations are so simple that there are disputesabout the attribute of the right to use sea areas, conflicts between sea use managementlegal system and the fishery law management system and the rights of right holdersare not effectively protected. Therefore, with the active development and utilization ofmarine, researching and solving the problems related to the system of the right to usesea areas is very significant.This paper studies the legal system of the right to use sea areas, uses the mode ofthinking which combines inductive reasoning with deductive reasoning, adoptsmethods of hermeneutics and comparison of system and analyzes the legal issuesabout the system of the right to use sea areas.Besides the introduction and conclusion, this paper includes three parts.The first one is the basic theory of the right to use sea areas. Starting with thebasic concept and characteristics, this part analyzes its nature and finally concludesthat the right to use sea areas is part of the usufructuary right. The second part is thebasic theory of the right of stationary use. Beginning with the basic concept andcharacteristics of the right of fishery, this section first defines the right of fishery asquasi real right instead of usufructuary right. Then, comparing the sea use rightsystem and the fishery right system in a analytical way, this paper proposes the bestway to resolve the conflicts between those two systems and to protect the fishermen’srights, which is considering the relationship between two systems as the private rightsand public rights that coordinates each other. In the final section of this part, withincorporating the aquaculture activities from breed right and the stationary fishingfrom fishing rights into the sea use right system, this part integrates them and putsforward a new concept the right of stationary use. The third part talks about the property protection in expropriation of the right touse sea areas. Firstly, by analyzing the nature of the right to use sea areas taken back,this part defines it as a kind of administrative expropriation. Secondly, during theprocess of administrative expropriation, in order to effectively protect the right to usesea area, this part proposes that there must be clear concept of public interest, thelegal procedure must be established and the reasonable compensation must be given.Finally, based on the characteristics of the right of stationary use, this part presentsthat the nature of the certificate of right to use sea areas is the certificate of ownership,which can protect the legal rights and interests of right holders.The innovation of this paper is the appearance of the concept of the right ofstationary use through clarifying the relationship between the sea use managementlegal system and the fishery law management system. Additionally, the paper analyzesthe methods of the property protection focusing on the right of stationary use as themainly pattern of the right to use sea area. At last, this paper aims to make the legalrights and interests of activities of sea fishing receive support from the property law.