我国海域使用权抵押客体范围研究

On the Scope of Mortgaging the Rights to Use Maritime Waters

我国海域使用权抵押客体的范围应予以分类规范:海域使用权权属及该海域上的建筑物、构筑物及其他设施存在争议尚未解决的和未按规定缴纳海域使用金的海域使用权为暂缓登记的海域使用权抵押类型;公益性用海的、有违法用海行为正在立案查处尚未结案的、被查封的和涉及油气及其他海洋矿产资源勘察开采的海域使用权为不得抵押的海域使用权类型;除此之外海域使用权,均可以设立抵押登记。

The scope of mortgaging the rights to use maritime waters in China should be clearly provided and classified. In cases where the ownership of the rights to use of maritime waters together with that of buildings, structures and other facilities on it is in a state of controversy pending settlement, or in cases where the premium for any use of maritime waters has not been paid as stipulated, the rights to use maritime waters fall within the category of deferred registration for use of maritime waters. In cases where the rights to use of maritime waters are for services of public welfare, where there are unclosed lawsuits concerning illegitimate use of maritime waters pending investigation, where such rights have been closed down, or where such rights concern prospecting and exploitation of oil, gas, and other maritime mineral resources, the rights to use maritime waters fall within the category of non-mortgageable above mentioned restrictions rights to use of maritime waters. Then the rights to use maritime waters free of the can eflter the process of mortgage registration.