论海域使用权创设制度的立法完善

《海域使用管理法》建立了“审批为主、招标拍卖为辅”的海域使用权创设方式，以及“颁发海域使用权证书并向社会公告”的海域使用权公示制度。这一海域使用权创设方式存在缺陷，应该从以下四个方面予以完善：限制行政审批、鼓励竞争出让；允许以挂牌和协议方式出让；规定海域使用权出让合同；以登记时间作为海域使用权取得时间。

On the Legislative Improvement of Right to Use Sea Areas

Law of the Peoples Republic of China on the Administration of the Use of Sea Areas stipulates that right to use sea areas can be acquired mainly after examination and approval of authorized department and subordinately through public bidding and auctioning. Certificate of right to use sea areas should then be issued and bulletined to the public. There are defects of the above mentioned method of establishing right to use sea areas which should be remedied by the following measures： administrative examination and approval should be restricted and competitive transferring of the right should be encouraged ; the right to use sea areas should be allowed to be trans- ferred by listing and agreement; contract of transferring right to use sea areas should be drawn up; time of registering should be treated as the time of acquisition of right to use sea areas.