宁波海域使用权流转立法方案研究

Study on the Legislation Scheme of the Circulation of the Right to Use Sea Areas in Ningbo

现有法律制度尚不能满足海域使用权流转的实践需要,推进海域使用权流转立法是宁波海洋经济示范区核心区建设的必然需求。宁波已对海域使用权流转进行了立法和实务尝试,可以从一级市场海域使用权流转、二级市场海域使用权流转、海域使用权流转评估与补偿制度、海域使用权流转监管及法律责任等方面进一步完善立法。

The existing legal system is unable to meet the needs of practice of circulation of right to use sea area. To promote the circulation of the right to use legislation is an inevitable requirement of building the core area of Ningbo marine economy demonstration area waters. Ningbo has the right to use sea areas and it has already made some attempt in the legislation and practice. More legislation attempts could be done in the circulation of the right to use sea areas in the primary market , circulation of the right to use sea areas in the secondary market, the assessment system and compensation system of the circulation of the right to use sea areas, as well as the supervision and legal responsibility related.