Study On The Legal Issue Of The Change Of Island Ownership In Our Country

Since the reform and opening up，the economy of coastal areas developed in afast fashion，and the important role of island in the development of oceanic economyhas been increasingly emphasized，for which there are more and more exploring andexploit activities．The exploration of resources of oceanic islands and protection of theenvironment of these islands is a deed that benefits the whole society as well as thenext generation of our human being．Not only does it help promote economic developand enhance national oceanic strength，but also guarantees the sustainable utilizationof the resources of the islands．However，in the long history of human being，it hasalways been difficult for people to explore and exploit the islands．Human activitieshad been restricted mainly onto the continents，where the scope of the regulation ofthe law-as a tool to regulate human behaviors-fell into．A comparatively completelegal system on the ownership(proprietorship，right of use)，management andexploration has been established．But for a long time，there has no specific law toregulate the islands．In2010，the specific law of protecting islands＂IslandProtection Law of People of Republic of China＂ was issued and put intoeffect．However，in the early stage of the implementation of the Law，manyregulations need further improvement．Due to the lack of the regulations on propertymanagement，the eco-system of the islands has been destroyed, which hinders thedevelopment of the islands．The proprietary governance of the islands is the premise of the exploration andprotection of island resources，and moreover，is vigorous support for the exploitationand management of the islands．Unclear ownership leads to a mess of management，which in turn leads to a waste of the island resources，unrestricted exploration，andsevere ecological damage．It is only after the proprietary governance of the islands hasbeen improved and the ownership been specified that the eco-environment of the island can be protected and the maintenance and appreciation of value of the islandscan be better achieved，so as to realize the rights of ower．Under such background，this paper is oriented to the improvement of the ownership of the islands andrealization of the orderly utilization of the islands，and study the change of islandownership from the dynamic perspective．According to the idea of discoveringproblems，analyzing problems and solving problems，the writer divides the article intofour parts：The first part is about the current situation of the islands and existingproblems． According to the current situation of the development of islands and theownership，discover the problems of ownership management，clarify the necessity ofthe change of island ownership，which is the premise of studying the chang of islandownership．The second part is about the analyzation of the problem of the change of islandownership．According to the essence of the change of island ownership，further studythe difficulties of change of island ownership，which occurs in inhabited islands andislands with no habitants, analyze the causes of the difficulties．The third part is through the analyzation of the problems，coming up with thesuggestion of solving the problems and completing the laws．Focus on studying themanagement mechanism and the implementation mechanism，provide ideas for theimprovement of management and design of legal mechanism of the change of islandownership．The forth part is about the specific suggestion of the change of islandownership．Combined with the specific case of change of island ownership whichoccures in inhabited island and the island with no habitant,enhance themaneuverability of the change of island ownership．...