The Legal Structure Of The Right To Aquaculture In Waters And Tidal Flats

The right to aquaculture is established as a private right in Article 329 of the Civil Code of the People’s Republic of China,but this article is only a general provision and does not establish a complete system of rights.At the same time,although the Fisheries Law of the People’s Republic of China,the special law on the right to aquaculture,has been amended four times,it has not been freed from the influence of the planned economy,and continues the traditional way of administrative management and light market economic regulation,forming a way to regulate the procedural and administrative regulation of the right to aquaculture.This has led to controversies over the nature of the right to aquaculture,which has led to problems in clarifying the relationship with related rights and the construction of specific rights systems and the application of rules.The basic attributes of its Usufruct of Immovable Proerty are clarified by analysing the legal characteristics of the right to aquaculture under China’s current legal system.To clarify the relationship between aquaculture rights and related rights based on the definition of the nature of rights,including the unification of aquaculture rights and fishing rights under fisheries rights,the conflict and coordination between aquaculture rights and land contract management rights,and aquaculture rights and sea use rights.Clarification of the subject of the right to aquaculture and its rights and obligations,including the types of subjects and their sequential rules;the rights and obligations of the subject of the right to aquaculture.The establishment of the right to aquaculture in water areas and tidal flats is researched.On the one hand,a reflection is made on how the right of aquaculture is established by administrative permission in China,distinguishing between the public and private attributes of the right of aquaculture;on the other hand,the construction of a consensual and registered way of establishing the right of beneficial ownership with administrative permission as a precondition is explored.Based on the above exploration,a system of aquaculture rights in water and tidal flats with distinct attribution,clear rights and responsibilities,effective protection and smooth transfer will be constructed.