The expressive forms of the land reclamation rights in the positive law
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Graphical Abstract
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Abstract
Under the existing Chinese legal framework, there is no good to solidify the legal concept of the right of land reclamation. Compared with establishing right by administrative licensing, it is of greater advantages to present the right of land reclamation as the right to the use of the sea areas for land reclamation in terms of overall system and the control of the projects. Traditional Civil Law has the concept that usufructuary right cannot proceed with factual disposal of subject matters, which has no contradiction with the right to the use of the sea areas for land reclamation. Therefore, it is a wise and only choice to present the right of land reclamation as the right to the use of the sea areas for land reclamation.
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