Research On Legal Issues Of Expropriation Of Tidal Flats

The expansion demand of development space and the lack of reserve land resources in coastal areas inevitably lead to the large-scale expropriation of tidal flats.However,in the process of expropriation,how to define the sea and land nature of tidal flats,what procedures and standards to carry out expropriation compensation,how to distribute the compensation after expropriation,and the construction and improvement of specific expropriation compensation system have become the hot issues with the most disputes in practice.Based on this,this paper adopts the methods of case analysis,content analysis and empirical research,starts with the four main problems existing in the expropriation and compensation of tidal flats in China,and obtains its own views on the solution of the main problems with the reference of the sorting out of practical relevant judicial cases and the dispute evaluation of academic views.On the issue of defining the sea land nature of the expropriation of tidal flats,through the idea of distinguishing the expropriation nature by means of utilization,this paper comes to the conclusion that the expropriation of agricultural reclamation beaches and industrial beaches should be characterized as land expropriation,and the expropriation of offshore aquaculture beaches should be characterized as sea expropriation;In order to solve the problem of overlapping the right to use the sea area and the right to fishery in the expropriation of offshore aquaculture beach,it is concluded that the complete fishery right should be retained,the intervention of the right to use the sea area on the right to offshore aquaculture should be excluded,and the provisions of the Fisheries Law with reference to land expropriation should be applied to the part of the expropriation of the sea area of the beach,that is,the overall expropriation of the coastal beach should be applicable to China’s land expropriation system;On the issue of compensation distribution for coastal beach expropriation,this paper gives a solution including three aspects: determining the nature of compensation,the distribution scheme and procedure within collective economic organizations,and the layered confirmation of rights in different locations of coastal beach;On the construction of coastal beach expropriation compensation system,this paper puts forward specific improvement suggestions from four aspects: clarifying the expropriation compensation object,Strictly Standardizing the expropriation procedure,establishing scientific and reasonable compensation principles and standards,and constructing diversified compensation methods.In order to understand the concept of coastal beach more accurately in the future theoretical research and legislative norms,the expropriation of beach can be effectively connected with China’s current expropriation system,and solve and avoid the confusion of coastal beach expropriation disputes in practice.