摘要
Abstract
Due to the inkling recognition of the connotation between the sea area usage right and the mining right,different evaluators had diverse treatments at mining right cost in assessing the sea area usage right about sea sand mining,which had led to a widely results.The paper analyzed the legal attribute of the sea area usage right and the mining right,studied the different legal char-acteristics of their subject-matters on the perspective of the Real Right of Sea Area.As a conclu-sion,based on the constitution of stereoscopic space by indivisible inherent natural elements,the sea area,which is made up of three-dimensional space (i.e.sea surface,water volume,seabed and subsoil),physiognomy,marine topography,geological conditions,tide,wave,ecotope,landscape etc.,is the sea area spatial resources in nature.It’ s the carrier of sea sand and other natural ma-rine resources.The exclusive relation of the value of the sea area usage right and the mining right cost is determined by the mutual independence between the sea area usage right and the mining right.Therefore,mining right cost should be taken into account as cost when the income approach is used to assess the value of the sea area usage right.关键词
海域使用权/采矿权/海域空间资源/海域使用权价格/采矿权价款Key words
The sea area usage right/The mining right/Sea area spatial resources/The value of the sea area usage right/Mining right cost分类
海洋科学
