A Research On Law Problems Of Mortgage About Sea Area Right Of Exploitation

Sea,because of its rich in natural resources,and can provide a wide space for the sustainable development of economy and society,has been getting attention from various countries in the world.Through the formulation of a scientific laws of the sea to govern the problems of the sea area is stepping up of a strategic task in many countries. In spite of our laws has provided the problems relating to the sea area,but our laws are very inadequate in general.As a real rights granted by way of security,the mortgage is very important for promoting the development of economy.The problem of mortgage about Sea area right of exploitation is so special and important that can not be ignored.To research the problems of theory and judicial practice about mortgage of sea area right of exploitation deeply,especially to orientate the legal quality of sea area right of exploitation scientificly, clear the legal nature of right to use sea areas guarantee function positioning, clarify the hypotheca establishment and implementation issues and so on,are very important for our country in the theoretical and practical significance.This paper is divided into four parts.The first part is the discussing on the legal nature of sea area right of exploitation, it is the basis and premise of the research on mortgage of sea area right of exploitation. From the traditional civil law theory about matter,sea area is a property in civil law.The legal nature of the sea area right of exploitation should be defined as a special kind of usufructuary right, not only accord with the basic principle of civil law, but also more suitable to our country’s laws and regulations.This part analyzed the relevant theoretical problems.The second part studied the positioning problems of the guarantee function about the sea area right of exploitation. Based on the legal nature of the mortgage right and pledge,the legal theory and China’s legal analysis, it obtained the conclusion that only mortgage can be established above the sea area right of exploitation.The third part is the related issues of the established about the mortgage of sea area right of exploitation.The conditions of the established of the mortgage of sea area right of exploitation are many,the range of the mortgage object should be clear. Especially on the relevant legal problems of mortgage registration,this section discussed deeply from the legal theory and practice.The fourth part is the discussion of the mortgage of sea area right of exploitation.The realization conditions are different between the law in China,it requires the coordination.The mortgage realization mode in the law of our country is single and lack of operability,it should be modified.The mortgage of sea area right of exploitation can be realized through the way of transfer,auction and sale,but not discount.We should establish the court auction system,and design different solutions according to the different situation.