摘要
China's legislation relating to islands categorizes the latter into inhabited and uninhabited ones.Between the two different types,only uninhabited islands can be acquired by those who aspire to be private island owners.In an effort to promote the development and utilization of uninhabited islands in China,a succession of laws and regulations have been formulated,including the Law of the People's Republic of China on the Protection of Offshore Islands,and the Application and Approval Measures on the Development and Utilization of Uninhabited Islands,among others.As the only tropical province in China,Hainan province boasts a large number of uninhabited islands,many of which are desired by prospective island owners.In order to promote the development of uninhabited islands,the Application and Approval Measures on the Development and Utilization of Uninhabited Islands in Hainan Province had been promulgated.Based on a detailed introduction on the main contents of the Measures,it is found that the Measures has set an innovative example for its kind in terms of the real estate publicity system,the construction permit and acceptance systems,solutions to using the islands before the issue of Island Protection Law,and verification systems.Nevertheless,the actual implementation of the Measures still brings a host of challenges with it.These relate to aspects of the Measures such as supply regulation premised on regulatory equilibrium,spatial planning with"Multiple-plan Coordination",and coordination between regulations on sea areas and islands.This paper proposes to maximize efforts to refine and coordinate general planning,to innovate systems and procedures regarding the use of islands and to promote the development and utilization of uninhabited islands through protective development in line with international standards.
根据我国海岛法律制度,海岛可分为有居民海岛和无居民海岛。要成为圆“岛主梦”,其对象只能是无居民海岛。为推动我国无居民海岛的开发利用,先后制定了《海岛保护法》、《无居民海岛开发利用审批办法》等法律规定,而作为我国唯一的热带省份——海南拥有很多无居民海岛,其中众多潜在岛主倾慕之地。为推动无居民海岛开发,海南省颁布了《海南省无居民海岛开发利用审批办法》,本文详细介绍了本办法的主要内容,并指出其在不动产公示制度、施工许可及验收制度、法前用岛及核查制度具有创新性。然而,在具体实施过程中,仍会面临管制均衡下的供给规制、多规合一下的空间规划、海域海岛法规的协调性等挑战。最后,本文提出应加强总规划的细化与衔接;创新用岛相关制度和程序;以国际化标准实施保护性开发来推动无居民海岛的开发利用。
