Research On Mortgage Pattern In Marine Right Of Use

As land resource is becoming less and less, we need to focus more and more on ocean resource than ever before. If we can defend our reasonable rights of ocean use well, the economy of China will get a huge push in the years to come. There are so many valuable resources in the ocean and that is why establishing related ocean laws is so urgent today. As China began to carry out "People’s Republic of China Sea Area Use Management Law" and "The property law of the people’s Republic of China", marine economy has gradually been standardized and the ocean is defined as an usufructuary right, which formed a ocean developing system using property right as the center. At the same time, the market of using sea areas is gradually on the right track and will probably become the engine of future economy development. Using the property rights system as an encouraging tool and choosing the sea use right mortgage in the developing market as the topic, I will study the current sea area use policy and the land use law to give some advice on improving sea area use right mortgage system.There are five chapters. The first chapter mainly talks about the basic theories of sea area use rights and explains things about guarantee properties of the sea area use rights and the sea area use right model of taking usufructuary right as the center. The second chapter is the overview of sea area use right mortgage. Based on the sea area use right guarantee property in the first chapter, I will put forward a new concept of mortgage "King of Guarantee" and give my view on the controversial object of sea area use right. The third chapter discusses about the establishment and operation of the sea use right mortgage. I will also talks about the fundamental points in establishing the system and the way of realizing the mortgage in several parts like approaches, restrictions, process and etc. The fourth chapter is case analysis of the mortgage. In this chapter, I will take Jiangsu province Nantong Yangkou Port as the example and analyze the environment, policy and mortgage situation in this area to provide a practical basis. The fifth chapter is about the dilemma and solutions in the mortgage system of the sea area use right. This chapter points on the limit of the ocean use mortgage system when it comes to legal regulations and practical experience. And I would like to make some useful suggestions improving the efficiency in the existing mortgage system.