Study On The Legal Issues Of The Administrative Examination And Approval Of The Right Of Use Of Uninhabited Islands In China

Since the promulgation of the Island Protection Law,uninhabited islands have been strictly protected by the state,and the development and utilization of uninhabited islands have to go through a complicated approval process.Restricted by natural conditions and complicated examination and approval system,most uninhabited islands are still in the stage of undeveloped utilization.In order to realize reasonable allocation of uninhabited island resources,from the essence of the administrative examination and approval of the right to the use of uninhabited islands,Administrative Permission Law should be adopted to regulate the examination and approval system of the right to the use of uninhabited islands.This paper studies the legal problems existing in the administrative examination and approval of the right to use uninhabited islands from four chapters.The first chapter expounds the general theory of administrative examination and approval of the right to the use of uninhabited islands and analyzes the object and purpose of administrative examination and approval of the right to the use of uninhabited islands.Chapter two summarizes the development history of administrative examination and approval system and points out that at present our country is in the situation that there is common permission examination and approval with special permission coexist with non-resident island use right.At the same time,it evaluates the establishment,constitution and implementation of the administrative examination and approval system of non-resident island use right.Based on theoretical research,the third chapter introduces the existing legal problems in the examination and approval process of the right to the use of uninhabited islands,including the unsolved issue of the pre-law island title certificate,the absence of the current effective legal norms of the examination and approval system,the lagging development of supporting systems,the unclear boundary between the examination and approval of general permission and special permission,and the disputes over the application of the contract of "Administrative Permission Law" and "Civil Code".At the same time give the deep reason analysis behind the problem.In the fourth chapter,in view of the problems raised,corresponding suggestions are given from five aspects: clarifying the change procedure of pre-law island warrant,strengthening the standardization and perfection of special license examination and approval as the dominant examination and approval method,guaranteeing the construction of supporting system,establishing the supplementary status of general license examination and approval,and improving the basis and foundation of administrative departments’ post-supervision.