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海域使用权具有重要的经济价值,以其为抵押财产进行融资是资源优化配置发展的趋势。当前我国海域使用权抵押的基本法律制度体系已经初步建立,相关的抵押融资项目发展迅速,但是仍然存在立法层级较低、缺乏统一的规范性文件管理、权利价值衡量困难、权利实现存在法律和现实障碍等问题。因此,我国应尽快完善立法,实行统一的海域使用权抵押管理制度,设立专业的第三方评估机构,推动海域,正确运用市场发展的两个阶段,提高实现对海域使用权的抵押权,以推动开发利用海域的抵押贷款。
The usufruct of sea area has important economic value, and the financing of it as the mortgage property is the trend of the optimal allocation of resources. At present, the system of basic legal system for the mortgage of maritime right in China has been initially established, and the related mortgage financing projects have been developing rapidly. However, there are still some problems such as low level of legislation, lack of uniform normative document management, difficulty of measuring the value of rights, existence of law and reality Barriers and other issues. Therefore, our country should improve the legislation as soon as possible, implement a unified system of mortgage management of sea-use rights, set up a professional third-party assessment agency to promote the maritime area, correctly apply the two stages of market development and improve the mortgage right to the right to use sea areas so as to promote Development and utilization of the sea area of the mortgage loan.