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我国相关法律几乎不约而同地规定了无居民海岛属于国家所有。从法律功能的角度看,这种规定为无居民海岛的保护提供了理论基础和制度保障。自然资源所有权制度社会本位思潮奠定了无居民海岛国家所有的理论基础,然而,在我国法语境下,无居民海岛国家所有权由公法与私法共同调整,不仅本身需要相关理论诠释其合理性,而且需要完善和强化无居民海岛使用权属制度指导无居民海岛保护与管理的实践。从无居民海岛基本属性对无居民海岛所有权的影响看,无居民海岛国家所有权具有历史的必然性和合理性,同时无居民海岛国家所有权功能释放的理性途径为完善无居民海岛使用权属制度。
Almost invariably, the relevant laws in our country stipulate that the uninhabited islands belong to the state. From a legal function point of view, this provision provides a theoretical foundation and system guarantee for the protection of uninhabited islands. However, in the French context of our country, the ownership of non-resident island nation is jointly adjusted by both public and private law, which not only needs its own theory to explain its rationality, but also We need to improve and strengthen the ownership of non-resident island ownership system to guide the practice of non-resident island protection and management. From the influence of the basic attributes of uninhabited islands on the ownership of uninhabited islands, the ownership of uninhabited island countries is historically inevitable and reasonable. At the same time, the rational way of releasing the functions of uninhabited island states is to perfect the tenure system of uninhabited islands.