我国首例填海造地行政诉讼案的法律问题

Juristical Issues from the First Case of Ocean Administration Litigation concerning Marine Reclamation Land

填海属于物权行为,填海造地的法律性质是民法物权法上的添附,填海造地所生之地是国家所有。非法填海造地应当受到处罚,但必须考虑技术上的可行性问题。从我国首例海洋行政诉讼案来看,国家对填海造地的管理乃至整个海洋行政管理需要汲取教训、接受建议来改善。

“Political situation” is in practice the longitudinal politics relation and its state of reality,which relies on promoting and executing the policies. The rational practices to the letter restrict the efficiency of politics. “Leaders making policy, subordinates making another” contains the element of necessity, inevitability and universality, but being a wrong practice, it has its prerequisites. Either totally confirming it or totally negating it is harmful. To stabilize “political situation”, to remain, develop and promote politics relation, need clear the rationality of politics relation, especially reasonable policies, and also need prevent and correct the irrationality of policies because reasonable policies are the most important requirements to develop the more reasonable politics relation.