Research On The Legal Issues In The Transfer System Of Marine Right Of Use

In recent years, with the increasing scarcity of land resources, the people gradually to looktoward the ocean, how to develop and utilize marine resources more efficiently has become theimportant issues of common concern. The circulation of marine right of use to is not only conduciveto the realization of the optimal allocation and efficient use of marine resources, but also beneficial tothe protection of the marine environment. At present, domestic academic research on the transfer ofmarine right of use, the number is still relatively small, the content is still relatively fragmented, it isnecessary to do further and special studies on the relevant legal issues of the transfer of marine rightof use in theoretically circulation. Proceed from the concept of marine right of use, on the basis ofanalysis of all kinds of theories, clearly defined its usufructuary right attributes. And then explainedthe meaning of the circulation of marine right of use, showed the significance of the circulation ofmarine right of use to optimize the configuration of marine resources and gave a brief introduction tothe bidding, auction, the transfer, lease and mortgage of marine right of use.Then, on the basis of thecombing and summary of the legislation and practice of the transfer of marine right of use, analyzedand pointed out the following problems in China’s marine right of use transfer system, and its practice:the legislation is lack of clear definition of marine right of use and then interfere with its circulation;administrative restrictions to the circulation of marine right of use are too stringent; actual circulationmodes of marine right of use are limited and incomplete; the appraisal of marine right of use becomethe difficult problem in practice; lack of supervision to the transfer of marine right of use. At the sametime, the legal system of the transfer of marine right of use of Britain, the United States, France andKorea were investigated, and its implications for China was summarized after the analysis to therespective characteristics in the legal system of the transfer of marine right of use of those four coastalstates. Finally, in view of the current inadequacy in the legal system of the transfer of marine right ofuse and the problems in its practice, several suggestions were given as follows: to further promote ourcountry’s waters property rights legislation; enrich and improve the circulation of marine right of usein the two waters market; standardized management of the transfer of marine right of use should beprogressively implemented.