Concerning The Marketization Of Legal Rights To Use Sea Area

With China's Marine economy and Marine industry rapid development , the right to use sea area of market gradually have established and developed in China.Accompanying the right to use sea areas of market rapid development, the problems and disputes of the right to use sea areas are becoming sharper and sharper. Although as early as 2002 , China established the right to use sea area of legal system in Sea Area Use Management Law, and later the right to use sea area is a usufructuary rights in the PRC property law, but there are no careful sexual regulation in the two laws, the maneuverability is not strong, can't provide effective safeguard to use sea of person's legal rights, Let alone adjusting and standardize the increasingly well-developed sea use rights. In this paper, based on the theory of civil law, from the attribute of the rights to use sea areas, reference to the relevant provisions of the land use rights to use sea in foreign and China's laws, in order to exert the greatest economic value for using sea areas, study the right to use sea area of market legal normsand puts forward the relevant legal advice.Specifically, this article is divided into six parts. The background for the research is introduced in introduction, paving the way back to the following research.The first chapter talks about the concept, characteristics, validity, classification, characteristics ,rights and obligations to use sea areas.,an overall summary to use sea sea areas, clear the paper writing object and research scope.The second chapter discusses the acquiring the right, alteration and eliminate.According to "Sea Area Use Management Law, " clear the method for obtaining the right to use and access procedures, analyze the right to change and eliminate theuse to sea areas .The third chapter discusses the provisions on foreign , introduce the law of the Roman times, Britain, the United States and other countries. refer to the provisions of the overseas to reflect China's law,and provide legal advice . In addition to understand and know the history of using sea areas in the development of our country ,in order to develop and perfect our country's rights to use sea areas, section ii of this chapter will discuss to use sea of domestic development history.The fourth chapter discuss the marketization, characteristics, the significance and the possibility and necessity of the right, pave the way for the following specificforms and legal norms,forming on the whole of the right to use sea areas.The fifth chapter discuss in details some specific form of using sea areas.In reference to the basis of existing law,study operation of the market of the right to the use of sea areas, and puts forward several suggestions on improving the sea usufruct marketization legal advice.