Study On The Mortgage System Of Sea Area Use Rights

The21st century is the century of the ocean, the increasing scarcity of land resources, will causethe inevitable sea of technology to improve human emphasis on marine resources. Favorable positionin the competition for marine resources, will be an important means to promote China’s economicdevelopment. So regulate the use of the ocean, and improve the marine-related legislation will beespecially important. The mortgage system of sea area use rights is to regulate the use of sea areas ofthe system one. The mortgage system of sea area use rights to promote the positive development ofthe ocean to protect the sea area use right and the relative rights and obligations in the mortgagesystem of sea area use rights process, the rights of the state as the sea area of ownership, and promotethe development of the maritime industry, an important systems. But on the situation of the currentlegislation and practice, China has not yet been specific legislation to regulate the mortgage system ofsea area use rights, the provisions of the relevant measures are not clear and can’t meet the practicalrequirements of the mortgage system of sea area use rights. Therefore, the establishment of themortgage system of sea area use rights is very urgent.Literature analysis, comparative analysis of France, conceptual analysis and other methods,in-depth analysis of the sea use rights, the mortgage system of sea area use rights, the object of themortgage system of sea area use rights, the registration, the establishment of the mortgage system ofsea area use rights. First, to the mortgage system of sea area use rights secured an in-depthunderstanding of the need to explore the sea area using right to use property rights property. In-depthanalysis of the meaning, nature and characteristics of the sea area of the right to use and sea usingrights included in the scope of property law. Sea area of the right to use in-depth analysis of the seause rights on the basis of further research to identify inadequacies in the current legislation andpractice in our sea area right to use the existing mortgage system, and the mortgage system of sea areause rights to build the necessary and feasibility analysis, the ultimate combination of practice, and tocoordinate with relevant laws, and ultimately establish the sea area using right to the mortgage system.The public of the "Property Law", Provisioned the ownership and the using right to."GuaranteeLaw" also do a more detailed provisions to mortgage. Therefore, to establish the mortgage system of sea area use rights must reference the relevant provisions of the "Property Law" and "guaranteelaw",the combined of the relevant provisions with China’s "sea area use management method", andthe light of practice relevant experience, comprehensive consider various factors, coordinationrelevant laws, regulations, and ultimately establish the waters of the mortgage system of sea area userights.