Research On Legal System Of Property Rights On Uninhabited Islands

The Law on Protection of Islands was officially implemented on March1,2010. It stipulates that all islands without inhabitants belong to the State and that the State Department, on behalf of the nation owns all islands. But at present, there still has not been any complete property ownership system, which resulted in many problems during the development and utilization of islands without inhabitants. At the same time, there are numerous islands. It is neither realistic nor efficient to develop and utilize these islands by the State. Hereby, it brought about the right of transference for the utilization of islands on the basis that they belong to the nation. This can not only insure the state-owned nature of the islands but also guarantee the realization of their economic and social value. The establishment of property ownership system of islands without inhabitants can effectively contain the disorderly, limitless and free development and utilization, and promote the scientific and rational development of these islands.Islands without inhabitants can be objects in term of Civil Law. They are special kind of natural materials independent from land resources. The object of the ownership system of islands includes land on islands and the surrounding sea. They are economic complexes of many coexisting resources. And the nation is the sole subject of the ownership. The right of utilization that can be transferred on the basis of their state-owned nature is the most efficient way to realize their right of ownership. At the same time, islands without inhabitants are one kind of independent natural resources. Therefore they, in parallel with lands, forests, grasslands and beaches, should be written into Constitution to realize the protection of their ownership to the utmost. The right of utilization of islands without inhabitants is different from traditional Usufructuary right and Quasi real right. It is a kind of new Usufructuary right. According to the basic theory of Property Right Law, they can set up, transferred and terminated during the process of which the people who own the right of utilization of islands without inhabitants can enjoy the rights and fulfill obligations in accordance with law. The establishment of property right system of islands without inhabitants can begin from the following aspects. Carry out right registration of islands without inhabitants and implement the collective and united management system; Carry out paid utilization system of islands without inhabitants and improve the value evaluation system;Carry out the planning system of islands without inhabitants and orientate the priority position for the ecological protection during their development and utilization; Better deal with the contradiction and coordination of the right of utilization of islands without inhabitants and traditional right of fishery.