我国海域资源产权制度解析

海域资源产权最基本的权能为海域所有权和海域使用权。早期,我国海域资源产权制度是所有权和使用权不分,产权不清,导致早期海域使用出现＂无序、无度、无偿＂。随着人们对海洋价值认识的进一步深化,海洋开发不断增强,国家逐步开展海域行政许可和有偿使用制度,海域所有权和海域使用权实行分离机制,海域所有权和海域使用权的关系得以理顺,海域资源产权分离机制是我国海域管理工作的重大进步。在海域管理实践中,需要不断巩固和完善这种机制,以促进海域资源的保值和增值。

Analysis of the system of property right of marine resources in China

The most basic right of the property right of the sea area resource is the ownership of the sea areas and the legitimate rights and interests of the sea area users. The early system of the property right of the sea area resource was that the ownership and the legitimate rights and interests were not divided,property right was not clear,which led to the emergence of＂disorder excessive and unpaid＂in the use of sea areas. With the understanding of the value of the ocean further deepening,and marine development further strengthening,the state applied a system of compensation and administrative license for the use of sea areas gradually,ownership of the sea areas and the legitimate rights and interests of the sea area users implemented separation mechanism,then the relationship between ownership of the sea areas and the legitimate rights and interests of the sea area users were to be straighten out. Separation mechanism of the property right of the sea area resource was a great progress in China＇s administration of the use of sea areas. In the practice of management of the sea area,the state needs to consolidate and perfect the mechanism continuously,to promote the value and the value of marine resources.