The Differentiation Effect in the Confirmation Registration of Rights over Marine Resources
The effect of confirmation registration of rights over marine resources is complex.In the process of exploi-tation,the registration over marine resources has different effects due to changes in rights.However,from the func-tional perspective,the logic of private law behind it can still be discerned.The differentiation effect of registration mode can clarify the ownership of marine resources in the process of developing and using marine resources so as to protect the rights exclusively.First of all,defining the nature of registration is the premise of understanding the reg-istration system.Confirmation registration of rights over marine resources can be recognized as an administrative act.Furthermore,it is fact-confirming act that belongs to the administrative act.This conclusion is mainly based on the following considerations.On the one hand,Article 210 of the Civil Code clearly grants the power to registration au-thority to register.Article 213 of the Civil Code sets out the scope of duties that registration authorities are prohibited to perform.From these two provisions,it can be inferred that the legislative intent of the Civil Code is consistent with the spirit of"prohibition without authorization"in public law.On the other hand,the reason why it can be rec-ognized as the fact-confirming administrative act is concluded from the purpose and scope of the registration.As for the purpose,the establishment of registration system for confirmation of rights over marine resources is actually to a-chieve the publicizing effect in private law.The effect of private law and the nature of public law of registration need to be understood separately.As for the scope,many conflicts of maritime rights are caused by the unclear scope of registration.However,the form of marine resources is uncertain,and it is difficult to specify the object of rights.This is also the manifestation of its particularity,and it is necessary to re-understand the issue of registration effect.In a word,the registration has no function of directly establishing rights,but has the function of presumption and appearance of credibility.In addition,as a composite resource,there may be different levels of marine resource uti-lization rights in the same sea area.According to the way of use,different levels of effectiveness need to be divided.When changes in rights are based on legal acts,the confirmation registration of rights over marine resources adopts the principle of validity in the establishment situation,and the mortgage situation needs to be considered on a case-by-case basis,the lease will not be affected due to the effective condition of the agreement.It should be noted that when changes in rights are not based on legal acts,the registration is not the constituent element for the law effect of real rights to be effective,but only a requirement for the party who has acquired the property right to dispose a-gain.In terms of perception,the distinction of effectiveness can be achieved by setting different standards.Registra-ble property should be legally related to immovable property,have the beneficial registration effect,be reasonably set up by the preparation unit and have the legal capacity to register.Otherwise,the forms of rights'subjects in the use of marine resources are diverse,including immovable property,movable property and creditor's rights which are abstract.There are two main systems involved in the confirmation and registration of rights over marine re-sources.Real estate registration system can be carried out by means of"decomposition of rights".Besides,it is necessary to add a system for the registration of advance notices and the registration of oppositions.On the one hand,it needs to rely on the interpretation of rules to form the related registration system.On the other hand,adjus-ting real estate registration and the unified confirmation registration of rights over natural resources is necessary so as to build a registration effect system which is"common but differentiated".
marine resourceseffect of registrationreal estate registrationunified confirmation registration of rights over natural resources
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