Study On Establishment Of Fishing Right Regimes In China

It has great impacts on fisheries, especially on the fishing that the uses of waters are complex which reduce the areas of fishery production. Faces with other stakeholders, fishermen are usually disadvantaged and would be“lost fishing ground”. But for many fishermen, fishing ground is a kind of capital goods which equivalent to farmers’land. Fishing rights are the rights of survival and development. The rural economic system reformation is to protect the land use rights of farmers, as well as the fishing right of fishermen. Property Right Law makes the basic requirements of the nature and protection of fishing right from the civil basic law which is an important legal basis of the establishment of Fishing Right Regimes in China.Fishing Right Regimes is the rights-based management system. Fishermen must obtain the fishing right for fishing. There are no laws for fishing right but it has been expressed in the implementation process of related laws and regulations in China. At first, this paper analyses the legal nature of fishing right. Fishing right should be a usufruct in accordance with Property Right Law. But it is an administrative license right conferred by the government in accordance with Fisheries Law in China. The subject and object must be explicit. There are also varied opinions on the subject and object of fishing right. On the basis of foreign and domestic analysis research, and combined with actual situations in China, this paper makes some suggestions on the choices of the subject and object of fishing right: (1) the subject. The subject of fishing right should be defined by“traditional fishermen”. They have several aspects of characteristics, such as being engaged in fishery productions, living on fishing, under the fisheries town or fishing village. This definition is mainly based on the basis of the control of fishing and the thought of livelihoods-based fishery which is in line with the development of fishing industry; (2) the object. The object is currently concentrated in fishing ground, catch quotas and main engine of fishing boats. According to China’s existing legal rules and regulations, this paper proposes fishing grounds as the object of the choice of system construction, which also conforms to the "Property Right Law" issued by China: provision of "legally acquired the prospecting and mining rights, water rights and use of water area, tidal flats for aquaculture, fishing rights protected by law ".The paper analyses China’s existing system of fisheries fishing rights and its problems, combining with the provision of the "Property Right Law ". We also put forward some proposals of China’s fishing rights system development on the basis of the "Property Right Law": establishment of fishing rights protection system on the basis of the fishing ground. This The subject and object must be explicit. There are also varied opinions on the subject and object of fishing right. On the basis of foreign and domestic analysis research, and combined with actual situations in China, this paper makes some suggestions on the choices of the subject and object of fishing right: (1) the subject. The subject of fishing right should be defined by“traditional fishermen”. They have several aspects of characteristics, such as being engaged in fishery productions, living on fishing, under the fisheries town or fishing village. This definition is mainly based on the basis of the control of fishing and the thought of livelihoods-based fishery which is in line with the development of fishing industry; (2) the object. The object is currently concentrated in fishing ground, catch quotas and main engine of fishing boats. According to China’s existing legal rules and regulations, this paper proposes fishing grounds as the object of the choice of system construction, which also conforms to the "Property Right Law" issued by China: provision of "legally acquired the prospecting and mining rights, water rights and use of water area, tidal flats for aquaculture, fishing rights protected by law ".The paper analyses China’s existing system of fisheries fishing rights and its problems, combining with the provision of the "Property Right Law ". We also put forward some proposals of China’s fishing rights system development on the basis of the "Property Right Law": establishment of fishing rights protection system on the basis of the fishing ground. This...