Author(s)

Junyu Qi ¹

Affiliation(s)

¹ Dalian Ocean University, Dalian, Liaoning, 116021, China

Corresponding Author

Junyu Qi

ABSTRACT

Marine resources are not only the lifeline of China's coastal areas, but also a powerful engine for economic growth. Since the implementation of the Law of the People's Republic of China on the Administration of Sea Area Use (hereinafter referred to as the "Sea Area Management Law") in 2002, the system of marine functional zoning and the system of remunerative use of sea area have been gradually implemented, and the original "three nesses" situation of the use of the sea area, which was "disordered, gratuitous, and inordinately", has been significantly improved." The "three nos" situation has been significantly improved[1].However, with the passage of time, the large-scale construction of ports and docks, the vigorous development of coastal tourism, etc., more and more coastal cities across the country have emerged "Expropriation of sea areas" phenomenon. This phenomenon not only involves the development and utilization of marine resources, but also involves the balance between public interests and personal interests. In this context, the situation of recovering the right to use sea areas in advance due to public welfare is increasing, and the related compensation issues have become more prominent. This paper studies the compensation methods and compensation standards for the early retrieve of the right to use sea areas due to public interests in a combination of theory and practice.

KEYWORDS

The right to use sea areas; public interest; recovered in advance

CITE THIS PAPER

Junyu Qi, Research on the compensation problem of recovering the right to use sea areas in advance due to public welfare. Science of Law Journal (2024) Vol. 3: 146-152. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030222.

REFERENCES

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[4] Lin Shiwei. Research on compensation for early recovery of sea area use right, Hainan University, 2021.
[5] Wang Shuqian. Reflections on improving the legal system of public interest expropriation in China. Journal of Guizhou Police Officer Vocational College., no.4, pp. 18, 2007.
[6] Jiang Mingan. Public interest and the restriction of "public interest priority". China Development Observation, no.10, pp.62, 2006.
[7] Yuan Tian. On the definition of public interest in land expropriation. Journal of Henan College of Finance & Taxation, vol. 35, no. 2, pp. 62, 2021.
[8] China judgments online. https://wenshu.court.gov.cn
[9] Feng Wenjing, Jiang Zhenyi, Chenxiao et al. On the legislation and improvement of the compensation for the recovery of the right to use sea areas in Shanghai. China Water Transport, no.12, pp.70, 2014.
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