Research On Legal Issues Of Overlapping Ownership In Coastal Zone

At present,there are some cases where land certificates are issued within the coastal zone to the coastal line and the sea side,which leads to overlapping ownership in the coastal zone.The "dispute between sea and land" is not only a historical reason,but also a system reason for the conflict of application of law and absence of legal application.Because of the different standards and standards applied to land and sea,disputes caused by overlapping ownership in the coastal zone have occurred in recent years,and related civil or administrative litigation has been caused.From the perspective of local legislation,the definition of coastal zone by domestic scholars and the situation of coastal zone division by countries,the narrow coastal zone is limited to coastal land and nearshore waters near the coastline;the broad coastal zone is the outer world extending from one side of the coastline to the outside of the National Maritime Jurisdiction,including soil,beach,island and sea area.The object of this paper is that the overlapping of the right of the right to use the sea area,the right to use the land or the right to use the beach and other natural resources in the narrow sense of the coastal zone has overlapping rights.The problem of coordinating the ownership of coastal zone is the realistic demand to solve the conflict of coastal planning and improve the utilization of resources,and also the realistic demand for realizing the strategy of China’s overall planning of sea and land.To solve the problem of overlapping of coastal zone ownership is the key to realize the overall coordination of marine functional zoning and land use master planning,and is an important link for building a powerful marine power.Therefore,it is of great value to analyze the legislative dilemma of the management of the ownership of the coastal zone and explore the solution to the problem of overlapping of the ownership of the coastal zone.First,there is no uniform legislation in coastal zone in China,and the relevant concepts and ownership management are lack of legal basis.Secondly,there are many disputes about the ownership of coastal zone in judicial practice,but the application of law is not uniform.Different judgments of the same case and different types of cases affect the effect of judicial solution of disputes,and can not provide judicial guarantee services for the comprehensive development and utilization of coastal zone.Therefore,based on the basic theory of land and sea coordination,the judicial adjudication case is the main research sample,focusing on the dilemma of legislation on the management of coastal zone ownership.In view of the registration problems,the author proposes to build a multi-level comprehensive coastal zone management organization,including the establishment of national specialized agencies for coastal zone ownership management,the establishment of provincial and municipal coastal zone affairs coordination center,and at the same time,the refinement of the power It is the administrative registration management standard,which demonstrates the rationality of the real estate right of the coastal zone under the jurisdiction of the registration authority,studies the administrative power scope and the approval process of the registration department,and puts forward the contents of the detailed regulations in the Department;it proposes to speed up the comprehensive management legislation of the coastal zone according to the problems of ownership differentiation,and the concept and legal determination procedure of the coastline should be clarified in the legislation,And improve the rules of the connection between the land and sea planning,explore the diversified dispute resolution methods,and analyze the necessity and the pre procedure of the administrative organ to intervene in the mediation plan.