Study on the Legal System on Commercial Development of Uninhabited Islands in China
作者: 邵 琦 ：浙江京衡(舟山)律师事务所，浙江 舟山;
Abstract: The topic of commercial development of uninhabited islands was heating up with the Island Pro-tection Law of People’s Republic of China enacted. However, as the Island Protection Law and re-levant administrative regulations have not put into practice for a long time, the legal regulations are far away from perfect, which lead to some difficulties in understanding and operation. This paper tries to clarify the concrete steps on the commercial development of uninhabited islands and provide some reference for the practice by combing out and interpreting the existing legislation, and combining the relevant expositions on legal system of the concept, ownership and the use of uninhabited islands. This paper contains six chapters, Chapter 2 “Overview of Uninhabited Island” clarifies the basic concept and legal features of uninhabited island, and introduces the geographical information of the distribution of the uninhabited islands in China; Chapter 3 “Establishment and Development of Uninhabited Island Legal System” mainly addresses the sources of law of the ownership and use right of uninhabited island, and introduces the development of Chinese legal system and foreign legislation of uninhabited island; Chapter 4 “Analysis of the State of the Legislation on Commercial Development of Uninhabited Islands in China” systematically introduces legal system on the development method of uninhabited islands, acquisition of use right on commercial development, management of activities of commercial development and transference of use right of uninhabited islands by analyzing the laws and regulations of uninhabited islands in China, in order to provide legal guidance for relevant participants when they commercially develop uninhabited islands; Chapter 5 “Improvement of Legal System on Commercial Development of Uninhabited Islands in China” makes recommendations on the system which should be improved urgently by centering on ambiguity, incomplete and unpractical legal system on uninhabited islands.
文章引用: 邵 琦 (2016) 我国无居民海岛经营性开发法律制度研究。 法学， 4， 17-29. doi: 10.12677/OJLS.2016.42003
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