试论历史遗留用岛问题

On the Issue of the Historical Relic for the Exploitation and Utilization of Uninhabited Islands

《中华人民共和国海岛保护法》实施前,全国大约有3 000多个已开发利用无居民海岛,也称历史遗留用岛。研究发现,历史遗留用岛产生的原因集中在3个方面,制度不健全影响了历史遗留用岛管理的规范化;监管不到位助长了历史遗留用岛行为的盲目化;"管理意志"加剧了历史遗留用岛问题的复杂化。文章通过剖析历史遗留用岛问题的发展背景,梳理和总结历史遗留用岛问题的内涵和产生原因,分析历史遗留用岛问题所带来的所有者权益、海岛生态保护、海岛开发利用规范管理等各方面影响,从而确定一个解决问题的总体思路和基本原则,分类、分步进行解决。

Before the implementation of the＂Law of the People’s Republic of China on the Protection of the Islands,＂there were about more than 3 000 non-residents islands in the country that had been developed and used,and were also called historical relic for the exploitation and utilization of uninhabited islands.The study found that the reasons concentrated in three aspects：the unsound system had affected the standardization of the management of the islands;the lack of supervision had contributed to the blindness of the islands;and the＂management will＂had intensified the problem.The purpose of this paper was to analyze the background of historical island problems,comb and summarize the connotation and causes of the problem,analyze the influences of ownership rights,island ecological protection,island development and standardization management,and other aspects brought about by the historical problems left over from the past,so as to determine an overall thinking and basic principle for solving problems,and classify and resolve the problems step by step.