关于加强渔船登记工作的探讨

Enhancement of fishery vessel registration

当渔船发生所有权转让时,原所有权人要办理注销登记,新所有权人要申请新登记。实务中,渔船登记机关因没有仔细区分渔船国籍注销登记和所有权注销登记的性质,《登记办法》对渔船注销登记规定不明确,不时发生登记渔船权属争议,导致登记机关工作处于被动状态。本文作者通过陈述渔船不按规定办理注销登记的情形,分析了渔船不按规定办理注销登记的主、客观原因,论述了渔船不办理注销登记的法律后果,并就如何加强渔船注销登记工作,实现对渔船登记的全程监管,提出了具体的设想。

When the transfer of the ownership of fishery vessel occurs, the former owners should deal with the cancellation of registration, the new owner should apply for the new registration. In practice, the organs of the fishery vessel register has not carefully clarified the properties between the cancellation of register of fishing vessels＇ nationality and the cancellation of the register of ownership, The Registration and Administration Measure has not clearly specified the provisions of cancellation register, which leads to the dispute of the ownership of the registered fishing vessel and the registration institution not running well. The writer describes those situations that do not register the vessels according to the provisions to analyze its subject and object causes, discusses its legal consequences and also makes some specific suggestions on strengthening the cancellation of register of fishing vessels and the whole course supervision of fishery vessel register.