渔业配额权流转的制度分析

捕捞限额制度是《中华人民共和国渔业法》规定的一项新的管理制度,它的实施将是我国渔业管理的一次重大改革。在区分该制度中捕捞权与配额权的基础上,着重配额权流转的制度分析;根据我国渔业管理历史、现状及发展要求,提出了在我国即将实施的捕捞限额制度中可适当允许配额权流转及其配额权流转制度框架,包括明确的配额权性质、完善的配额权登记公示、良好的市场中介、完善的社会保障体系等;分析了影响流转的限制因素,如法律障碍、渔区经济发展水平、渔民自身素质等;最后,作者认为我国目前应加强进行对渔民宣传和教育、建立诚信制度、发展渔业第二三产业、消除法律障碍、明确配额权证书的性质、确定配额权位序、建立市场中介服务组织等工作。

Institutional analyses on the transfer of the quota right in fisheries

The fishing quota system is a new system provided by Fisheries Law of the People's Republic of China, and its implementation will be a great reform in China's fisheries management. On the basis of distinguishing the quota right from the fishing right in this system, more attention was focused on institutional analyses of the transfer of the quota right in fisheries. In line with the history, the current situation of fisheries management in China and the requirements for development, the idea that the quota right in China's fishing quota system might be allowed to transfer properly was put forward, and the institutional frame including the specific characters of quota right, the perfect registration and notification, the favorable intermediaries and the perfect social security system was suggested. Then, the affected factors, such as legal obstacles, the economic development in fisheries society and the quality of fishermen, were analyzed. At last, the author suggested that such work as propagandizing and training fishermen, and establishing the system of honesty and honor, enhancing the second and tertiary industries of fisheries, clearing the legal obstacles, clarifying the nature of the certification of the quota right, confirming the order of quota rights, and establishing the intermediary market services should be carried out at present.